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THE CAPITOL AT WASHINGTON. 


























































































































ELEMENTS 


OF 




\ 


CIVIL GOVERNMENT 


LOCAL, STATE, AND NATIONAL 


A BRIEF COURSE FOR UNGRADED, GRAMMAR, AND 
HIGH SCHOOLS 



WILLIAM A. MOWRY, Ph.D. 

Editor of “ Education” ; for Twenty Years the Senior Principal of 
THE English and Classical School, Providence, R.I.; and 
Author of “Studies in Civil Government” 







V N X 


^SEP 26 1892 ■ 




SILVER, BURDETT & CO., PUBLISHERS 


New York BOSTON 

1892 



Chicago 





Copyright, 1890, 

By william A. MOWRY. 


Typography by J. S. Cushing & Co., Boston. 


Presswork by 


Berwick & Smith, Boston. 









PREFACE. 


One of the most gratifying signs of the times is the 
increasing interest of late manifested in different parts 
of the country in the study of our Civil Government. 
This growing interest is seen in the multiplicity of 
books relating to this subject, its general discussion in 
the daily and weekly press and the monthly and quar¬ 
terly magazines, the formation of Societies for Promoting 
Good Citizenship, and especially in the great increase 
in the introduction of the study of Civil Government 
into the public and private schools, academies, and 
colleges in all parts of the country. It is doubtless 
true to-day that the study is carefully pursued in many 
high, grammar, and ungraded schools in every state in 
the Union. It should be, in every school in the country 
where there are pupils above thirteen years of age. 

Our public school system is maintained upon the 
principle that the safety of free institutions demands 
intelligence on the part of every citizen. If the property 
of the state is to be taxed to educate the children of the 
state, it surely follows of necessity that the principles, 
methods, powers, and duties of the government, and the 
relation of the parts to each other and to the whole. 


3 


4 


PREFACE. 


as well as the duties and privileges of the citizen, 
should be studied in these schools. 

We have many treatises upon the Constitution of 
the United States, and text-books of a higher grade for 
the study of Civil Government in high schools, acad¬ 
emies, and colleges, — books so extended and complete 
that a full year is required to master them; but it is 
everywhere felt that a suitable book is very much 
needed for ungraded and grammar schools, and for high 
schools in the smaller towns and cities, where time 
cannot be found for an extended study of the subject. 
Moreover, it is found that many of the text-books are 
written for older and more mature pupils, thus being 
entirely above the reach of the younger and more im¬ 
mature minds in the schools just mentioned. 

It is the hope of the author that this book will be 
found well adapted for the purpose above indicated. It 
attempts to discuss, in a brief and elementary manner, 
the foundation principles and general facts of our gov¬ 
ernment, local, state, and national, in language easily 
understood by pupils from twelve to sixteen years of 
age, and at the same time without making the silly 
and futile attempt to degrade the dignity of the subject 
to the language and style of the primer, the first or the 
second reader. This subject can scarcely be studied to 
advantage by primary scholars, but it can be pursued 
with entire success by nearly all boys and girls who 
have studied arithmetic to percentage, and who can 
comprehend the good English of a fourth reader. 



PREFACE. 


5 


It is believed that the plan of this elementary treatise 
will commend itself to teachers everywhere. It is 
analytical and topical. It includes, — 

1. Town Governments. 

2. City Governments. 

3. County Governments. 

4. State Governments. 

5. The National Government. 

It introduces the history of the early settlements and 
the colonies, the formation of the state and national 
governments, and the rapid and marvellous growth of 
the republic. 

It gives topical analyses for blackboard work, and 
general outlines for reviews. 

This book is not designed to take the place of the 
author’s “ Studies in Civil Government,” but its purpose 
is to furnish a shorter course, which can be used in 
schools where younger pupils can spend from three to 
six months in the study of an elementary book, but 
would find the larger and more mature treatise too 
extensive and too difficult. 

The author takes this opportunity to express his 
grateful appreciation of the cordial reception and ex¬ 
tended introduction given to his former book, entitled 
“Studies in Civil Government,” which in two years has 
passed through four editions, and is now in extensive 
use in all sections of our common country. That book 
has just been thoroughly revised, and the necessary 


6 


PREFACE. 


changes made to adapt it to the present condition of 
our state and national governments. 

It may not be improper to add that these two books 
have not been made at the study table merely, but 
have grown out of twenty-five years of practical teach¬ 
ing, in which the author has had a class every year in 
this subject, and that not a few men now prominent in 
both public and business life have expressed the con¬ 
viction that this study has proved of greater interest 
and of more practical value to them than that of any 
other subject of their entire school curriculum. 

The author desires to express the hope that this 
brief treatise may serve to promote a higher apprecia¬ 
tion of, and a stronger love for, our free institutions and 
our liberal government “of the people,” to the end that 
they may be perpetual. 

WILLIAM A. MOWRY. 


Dorchester, May i, 1890. 


CONTENTS. 


PART I. 

LOCAL AND STATE GOVERNMENTS. 

CHAPTER I. 


Introductory 


CHAPTER 11 . 


Local Government 


CHAPTER III. 


State Governments 


CHAPTER IV. 

Colonial and Revolutionary History . 


PAGE 

II 


• 17 


• 39 


• 55 


7 



8 


CONTENTS. 


PART II. 

THE NATIONAL GOVERNMENT. 

CHAPTER L 

PAGE 

The Legislative Department.75 

CHAPTER IT 

The Executive Department . . . . . .101 

CHAPTER HI. 

The Judicial Department.137 

CHAPTER IV. 

Miscellaneous Provisions ".145 

CHAPTER V. 

The Amendments to the Constitution . . -155 

CHAPTER VI. 

The Growth of our Country.163 

CHAPTER VH. 


Rules of Procedure for Deliberative Assemblies 


• 173 


ELEMENTS OF CIVIL GOVERNMENT. 



BLACKBOARD OUTLINE^ 


GOVERNMENT. 


1. Local. 

Town, Township, or County. 

2. State. 

At first thirteen states, now forty-four. 

3. National. 

A true republican government of confederated states. 


10 



PART FIRST 


LOCAL AND STATE GOVERNMENTS. 


CHAPTER I. 

INTRODUCTORY. 

We live in a republic. Our country is called 
the United States of America. It extends from 
the Atlantic Ocean on the east, across the Valley 
of the Mississippi River, over the Rocky Moun¬ 
tains to the Pacific Ocean on the west. On the 
south is the Gulf of Mexico and the republic of 
Mexico; on the north is British America; then 
far to the northwest beyond British Columbia is 
Alaska, which also belongs to the United States. 
We have forty-four states, six territories, and the 
District of Columbia in which is the city of 
Washington, the capital of our country. 

All the people in this broad country are citizens 
under one government. This is called the Na- 


12 


INTRODUCTORY, 


tional Government. This National Government 
is divided into three parts, called the Legislative, 
the Executive, and the Judicial departments. 

The legislative department consists of a Con¬ 
gress of the United States, which includes two 
branches, the Senate and the House of Repre¬ 
sentatives. 

The executive power is invested in one man 
called the President of the United States. 

The judicial department comprises a series 
of Courts, including the United States District 
Courts, the United States Circuit Courts, and 
the Supreme Court of the United States. 

There are in this country subject to this one 
government more than sixty millions of people. 
This is the largest, most prosperous, and most 
powerful republic in the world. We ought to 
be thankful that we live under a good govern¬ 
ment and that our nation is large, and strong, 
and powerful. 

By and by we shall want to study the history 
of this government, when and how it began, and 
how it has grown to its present prosperous con¬ 
dition; but before taking up this subject, let us 
consider some other matters. We live not only 
in a republic but in a commonwealth. We are 
not only citizens of the United States, but we 
are citizens of the state of - 



INTRODUCTORY. 


13 


Every state has a government of its own. This 
government consists, like the National Govern¬ 
ment, of the Legislative, Executive, and Judicial 
departments. The legislative department, usu¬ 
ally called the State Legislature, includes a 
Senate and a House of Representatives. The 
executive officer of the state is called the Gov¬ 
ernor. The courts of the state include local 
courts, — that is. Police Courts or Justice Courts, 
— County Courts, for the trial of civil and crim¬ 
inal cases, and the Supreme Court of the State. 

Again, we are not only citizens of the United 
States, and citizens of our state, but we are citi¬ 
zens of the town or city in which we live. So 
we have a third kind of government, a local gov¬ 
ernment, that is, the government of our town or 
city. It will be necessary, therefore, in our study 
of Civil Government, to keep constantly in mind 
that we are subject to our local government, to 
the laws of the state and to the law^ of the 
United States. In all matters that relate to 
local affairs the town or city government has full 
power; in another set of subjects, relating to the 
general good of the people of the commonwealth, 
the state government has full control; but in 
everything which concerns the nation at large, 
the authority is vested in the National Govern¬ 
ment. 


14 


INTRODUCTORY. 


In Emerson’s beautiful little poem of the 
mountain and the squirrel, he makes the little 
rodent say to the mountain, “ If I cannot carry 
a forest on my back, neither can you crack a 
nut.” Each has its place and its duties and the 
other cannot interfere. 

The term “ state sovereignty ” is a misnomer. 
There is no such thing, and cannot be in a 
republic. Indeed there is — in the true sense of 
the word — no “sovereignty” in a republic, for 
there is no “ sovereign.” It is only by a figure 
of speech that we say “ the people are sovereign.” 
The township cannot interfere with the state or 
the nation, neither has the state or the nation 
the right to infringe upon the powers or preroga¬ 
tives of the town. 


INTRODUCTORY. 


5 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What is a republic? 

2. Describe the republic vve live in. 

3. How many square miles does it contain? 

4. Citizens of towns, city, or county, of state and of nation. 

5. Legislative department — law-making. 

6. Executive department — enforcing. 

7. Judicial department — interpreting. 


BLACKBOARD OUTLINE. 


TOWN OFFICERS. 


1. Moderator. 

2. Town Clerk. 

3. Town Treasurer. 

4. Selectmen. 


5. Assessors. 

6. Constable. 

7. School Committee. 

8. Overseers of the Poor. 


9. Highway Surveyors, or Road Commissioners. 


CITY OFFICERS. 


1. Mayor. 

2. Aldermen. 

3. Councilmen. 

4. School Committee. 

5. Overseers of the Poor. 


6. City Clerk. 

7. City Treasurer. 

8. City Solicitor. 

9. City Auditor. 

10. City Marshal, and others. 


COUNTY OFFICERS. 


1. County Commissioners. 

2. County Treasurer. 

3. County Auditor. 

4. County Registrar. 


5. County Sheriff. 

6. Coroner. 

7. District Attorney. 

8. County Assessors. 


9. County School Commissioner, and others- 


16 





CHAPTER II. 


LOCAL GOVERNMENT. 

Section L — The Town. 

The town is the local unit of government. 
The town government in this country originated 
in New England. In the new states of the west 
different circumstances have produced a differ¬ 
ent condition of local government. In the early 
settlements of New England a town included a 
little territory, generally with a central village 
and outlying farms scattered here and there. 
The people of this territory formed a compact 
settlement by itself and constituted a little de¬ 
mocracy, where all the people came together in 
town meeting and made laws for themselves, 
assessed taxes, ordered roads built, schools to be 
supported, and determined by a majority vote 
whatever seemed best for the well-being of the 
little settlement. 

These towns were grouped together in a col¬ 
ony, and the colonists were, at that time, subject 
to Great Britain. The first town meeting in 
America was held in Dorchester, Massachusetts, 


17 


8 


LOCAL GOVERNMENT. 


in the year 1633. It was then established as an 
institution for that town. The citizens voted 
that the meeting should be held monthly, and 
that all matters relating to the welfare of the 
town were to be determined by a majority vote, 
the minority yielding their preferences and agree¬ 
ing to be governed by the majority. Other towns 
followed this example and established town meet¬ 
ings the next year, 1634. 

The establishment thus early in the history of 
our country of the town meeting has proved the 
source of much of our freedom at the present time 
in state and nation. In the newer settlements 
in the west covering greater areas of territory, 
generally without the nucleus of a village, the 
township, as the people call it there, is of less im¬ 
portance, while much of the local government is 
necessarily administered by counties. 


Section II. — Town Officers. 

A town meeting must be legally called. No¬ 
tices are posted in accordance with law, stating 
distinctly the business, article by article, which is 
to be transacted by the voters of the town in the 
meeting. At the annual town meeting the vari¬ 
ous officers of the town are elected. In some states 
the voting for the principal town officers must be 


LOCAL GOVERNMENT. 


19 


by ballot. The meeting is called to order by the 
town clerk, then the warrant is read and a mod¬ 
erator is elected. It is the duty of the moderator 
to preside at the meeting, to put all motions, de¬ 
clare the vote, to see that everything is done in 
proper legal form, and to preserve order. The 
principal officers of a town are mentioned below. 

Who are Voters. — In most of the states the 
requisites for voting in town, county, state, and 
national elections are as follows: — The person 
must be a citizen of the United States, twenty-one 
years of age; must have resided within the state, 
and county or town, the time required by law. 
Some states require a poll or registry tax. Some 
do not require citizenship. More than twenty 
states permit women to vote for School Com¬ 
mittee ; and in Wyoming, for all officers and on 
all questions, the same as men. Kansas has mu¬ 
nicipal suffrage for women. 

Besides the appointment of town officers the 
voters assembled in town meeting levy taxes, 
and tnake apportionments of money for school 
purposes, highways, the support of the poor, and 
for such other purposes as may seem necessary, 
such as street lights in thickly settled portions of 
the town, fire engines, bridges, and various other 
matters. 

Town Clerk. — It is the duty of the Town 


20 


LOCAL GOVERNMENT. 


Clerk to keep the records of all business done 
in the town meetings during the year for which 
he was elected, to keep records of births, mar¬ 
riages, and deaths in the town, and perform such 
other duties of a like nature as the law requires. 

Town Treasurer. — It is the duty of the Town 
Treasurer to keep safely all moneys intrusted to 
him, receiving the town’s money from the Collec¬ 
tor of Taxes, from the debtors of the town in 
payment of bills due to the town, moneys re¬ 
ceived from the state for specified purposes and 
from any other sources from which the town may 
receive money. He is to pay out this money on 
the orders of the proper town officers in accord¬ 
ance with law, and in payment of bills against 
the town when certified or audited by the proper 
officers. The Town Treasurer is also required 
to look after the invested funds of the town, re¬ 
ceiving the interest or income from such funds, 
and making a report as occasion may require 
from time to time to the town meeting or to the 
Selectmen. 

Selectmen, — The Selectmen or Town Council, 
or, as they are called in some states, trustees 
of townships, have the general charge of the ex¬ 
ecutive business of the town. They call the 
town meetings. In many states they receive 
and count the votes for state and national offi- 


LOCAL GOVERNMENT. 


21 


cers, they act as a board of health, where a board 
has not been appointed, they lay out highways, 
appoint certain minor officers, they represent the 
town in suits at law, they draw jurors, in some 
cases grant licenses, and do many other things, 
some of which differ in different states. 

Assessors of Taxes. — It is the duty of the 
Assessors of Taxes to make an inventory of all 
the real estate in the town with the names of 
the owners thereof, of all personal property and 
owners, and make a list of the names of all per¬ 
sons against whom a poll tax is levied. The 
town having voted the amount of tax to be 
raised, the assessors will subtract from, this sum 
the amount of all poll taxes, and then determine 
the percentage which is necessary to raise the 
remainder of the required tax from the total tax¬ 
able property of the town. The tax list is then 
turned over to the Collector, whose duty it is to 
notify each person what his tax is and demand 
payment thereof. This notice usually states when 
and where the tax may be paid, and if not paid 
within the time allowed by law, then the Collec¬ 
tor must institute measures in accordance with 
law for its collection from the property assessed. 

Constable. — It is the duty of the Constable, 
like a police officer, to make arrests in accordance 
with law of persons charged with crime. A Con- 


22 


LOCAL GOVERNMENT. 


stable having arrested a person will hold him as 
prisoner and convey him to a safe place of deten¬ 
tion, keeping him in custody until he shall have 
a trial and be acquitted or sent to jail. It is the 
duty of the Constable also to serve warrants and 
writs, summon witnesses, and to perform all such 
duties as are laid upon him by law. 

School Committee. — Our people maintain in 
all the states and in all the territories a system of 
free schools. These schools are not established 
and maintained by national authority, but by 
state and territorial laws. In some states the 
schools are sustained by the state government, 
under uniform state laws, the state holding in its 
hands absolute control of all public schools within 
its jurisdiction. In such cases the state provides 
for the appointment generally of county superin¬ 
tendents and county school boards, the township 
having but little jurisdiction in the matter. In 
most of the older states, in the eastern part of the 
country, the township system prevails. In this 
section the state usually has a Board of Education 
and makes laws concerning the schools and their 
general management, but leaves the particular 
care of them to the towns. In such cases there 
is usually a state appropriation for school pur¬ 
poses, and another appropriation by each town, 
according to its needs. In this case the schools 


LOCAL GOVERNMENT. 


23 


of the town are placed under the control of the 
School Committee elected by that town. This 
Committee usually consists of three or more per¬ 
sons, generally an odd number, who, in accordance 
with the laws of the state, have the entire manage¬ 
ment and control of the public schools. In most 
states having School Committees they examine 
the teachers, grant them certificates, fix the rate 
of wages, approve the bills for payment, build, 
repair, and keep in order the school-houses, 
arrange courses of study, examine the schools, 
determine rules and regulations for them, etc. In 
some states women, as well as men, vote for 
members of the School Committee. 

Overseers of the Poor. — These officers have 
charge of the poor people belonging in the town, 
who have no relatives to support them, making 
proper arrangements for their support, either in 
the almshouse — sometimes called the poor-house 
— or boarding them in private families. In some 
cases this duty is assigned to the Selectmen. 
Road Commissioners or Highway Surveyors. 

These officers have charge of all the necessary 
repairs on the highways and of the building of 
new roads when ordered by the town. The duties 
of other town officers need not be specified. 

Herrick’s “ Powers and Duties of Town Offi¬ 
cers in Massachusetts ” gives the following as the 
law in that state concerning town meetings : 


24 


LOCAL GOVERNMENT. 


“ Every town meeting shall be held in pursu¬ 
ance of a warrant under the hand of the select¬ 
men, directed to the constables or to some other 
persons appointed by the selectmen for that pur¬ 
pose, who shall forthwith notify such meeting in 
the manner prescribed by the by-laws or by a vote 
of the town. The selectmen may by the same 
warrant call two or more distinct town meetings 
for distinct purposes. 

“ The warrant shall express the time and place 
of the meeting, and the subjects to be there acted 
upon; the selectmen shall insert therein all sub¬ 
jects which may, in writing, be requested of them 
by any ten or more voters of the town, and noth¬ 
ing acted upon shall have a legal operation, un¬ 
less the subject-matter thereof is contained in the 
warrant.” 

The following is the form of the warrant for 
calling the Annual Town Meeting in the state 
of Massachusetts: — 

Warrant for calling the Annual Town Meeting. 

E-, ss. To either of the Constables of the town 

of B-, in the said county, Greeting : 

In the name of the Commonwealth of Massachusetts, 
you are directed to notify the inhabitants of the town of 

B-qualified to vote in elections and in town affairs, 

to meet at the Town Hall in said B-, on - the 






LOCAL GOVERNMENT. 


25 


- day of - next, at-o’clock in the forenoon, 

then and there to act on the followins: articles : — 

1. To choose a moderator to preside in said meeting. 

2. To choose all necessary town officers for the year 
ensuing. 

3. To hear the annual report of the selectmen, and 
act thereon. 

4. To raise such sums of money as may be necessary 
to defray town charges for the ensuing year, and make 
appropriations of the same. . 

And you are directed to serve this warrant, by post¬ 
ing up attested copies thereof, one at the Town Hall, 
and one at each of the public meeting-houses in the said 
town, fourteen days at least before the time for holding 

said meeting. The polls will open at-o’clock, a.m., 

and will close at-o’clock, p.m. 

Hereof fail not, and make due return of this warrant, 
with your doings thereon, to the Town Clerk, at the 
time and place of meeting as aforesaid. 

Given under our hands this-day of-, in the 

year one thousand eight hundred and-. 

Selectmen of B- 

[Note to the Teacher. — Object lessons are the most effective 
of all lessons. It is the practice of some of our best teachers to 
have the scholars conduct a mock town meeting. Previous to the 
day on which the town meeting is held, the teacher should write 
off, or have written, a warrant, which should be posted in some 
convenient place in the school-house, signed by the selectmen, 
previously appointed from the scholars by the teacher. A town 
constable and a town clerk should also be previously appointed } — 
the constable to post the warrant and make returns thereon, and 
the town clerk should call the meeting to order, and preside until 
a moderator be elected. 








26 


LOCAL GOVERNMENT. 


On the day the town meeting is held, the school should organize 
and carry through the forms of such a meeting according to the 
warrant already posted. If it be an Annual Town Meeting, let the 
town officers be elected by ballot, let the business of the town, as 
embodied in the warrant, be conducted in order, and the meeting 
finally adjourned. 

Any skilful teacher who has a few bright scholars in the school 
(and what school has not?) will find this practice of holding town 
meetings or of holding mock courts, or a Legislative Assembly, as 
the House or the Senate, to be of much interest and of great value 
to the school.] 

Section III.—Cities. 

When the population of the town becomes so 
large that it would be difficult to transact public 
business in the town meeting, it is customary 
all over the country for the town, by a majority 
vote, to apply for a city charter. In some states 
a special act of the Legislature is necessary to 
grant a charter for the new city. In other states 
a charter may be obtained, under circumstances 
defined by law, from the officers of the state in 
accordance with a general statute for the incor¬ 
poration of cities. This charter must be ac¬ 
cepted by a majority of the legal voters at the 
town meeting called for that purpose. The 
charter defines the powers and duties of the 
several officers to be chosen under it. 

The City Government. — The City Govern¬ 
ment is vested in the Mayor and the City Coun¬ 
cil. The Council may consist of two bodies, (i) a 


LOCAL GOVERNMENT. 


27 


Board of Aldermen and (2) a larger board called 
a Common Council, or it may consist of but 
one body, a Board of Aldermen and no Council, 
or a Council and no Board of Aldermen. 

The Mayor is elected by the voters of the whole 
city. The Aldermen are in some cases elected 
by wards or districts, and in others on a general 
ticket for the whole city. The members of the 
Common Council are usually elected by wards. 

The city, like the town, has its school commit¬ 
tee, assessors of taxes, overseers of the poor, clerk, 
treasurer, collector M taxes; and it usually has 
a superintendent of streets, officers of the fire 
department, a city solicitor, a city physician, au¬ 
ditor, city marshal or chief of police, and some¬ 
times other officers. Many of these officers are 
appointed by the City Council rather than elected 
by the people. 

Mayor. — The Mayor is the executive officer 
of the city. He must see that the laws are en¬ 
forced, and that subordinate officers are faithful 
in their duties. He makes recommendations to 
the City Council. Usually he has a veto power 
over the Council similar to the veto power of the 
Governor over the legislature. The Mayor in 
some cases is considered as a member of the 
Board of Aldermen, and presides over them. In 
other cases he presides over them but has only 


28 


LOCAL GOVERNMENT. 


the casting vote. In still other cases he is not 
connected with the Board of Aldermen. 

The Aldermen. — The Board of Aldermen 
have powers and duties corresponding to those 
of the selectmen in the towns. They draw 
jurors, issue warrants for ward meetings, and in 
legislative matters have joint power with the 
Common Council. 

City Council. — The City Council, whether 
consisting of one body or of two, have the power 
to fix the salaries of officers, to levy taxes, borrow 
money, make appropriations for the various de¬ 
partments of the City Government, and in gen¬ 
eral to care for the public interests of the city. 
The City Council pass what are called ordi¬ 
nances relating to public matters, like the con¬ 
struction of sewers, the erection of buildings, 
obstruction of streets, prevention against fires, 
punishing vagrancy and truancy, and whatever 
is needful for the preservation of property, the 
public health, and the general well-being of the 
city. 

The town organization, as has been seen, is a 
democracy, while the City Government is repre¬ 
sentative. The executive power of the mayor 
and aldermen in the city corresponds to that of 
the selectmen in the town. The legislative power 
in the city is found in the City Council instead 


LOCAL GOVERNMENT. 


29 


of the whole body of voters as in the town. The 
City Council elects inferior officers instead of the 
people as in the town. In the city, voters meet 
in districts or wards for the election of officers, 
while in towns all the voters usually meet in one 
body. In some instances, however, large towns 
have been divided into voting precincts. 

Section IV. — Counties. 

The state is divided for convenience in local 
government into counties, or into counties and 
towns. In the south and some portions of the 
west, the states are divided into counties only. 
In New England and some of the Middle and 
Western States, the counties are sub-divided into 
towns or townships. The division into counties 
is found in every state except Louisiana, which 
is divided into parishes. 

In all states where the counties are divided 
into towns, the town is the unit of government, 
and in some states more important than the 
county. Where the counties are not thus di¬ 
vided, the county is the unit of government. 
Where towns exist, the local government is 
divided between the county and the town. Both 
counties and towns are corporations. 

County Commissioners. — In most of the states, 
but especially in those states where the local gov- 


30 


LOCAL GOVERNMENT. 


eminent is vested in the county rather than the 
town, the chief executive officers for the counties 
are called County Commissioners. In some states 
there are officers called supervisors, and the super¬ 
visors of the several towns in the county form a 
board of supervisors for that county. These 
boards have the care of the public property of 
the county and attend to all matters of building 
or repairing public buildings, such as the court¬ 
house and county jail. In those states where no 
towns are found, or where the county officers 
have more political power than those of the 
towns, these county boards or county commis¬ 
sioners exercise large powers with regard to 
schools, taxes, highways, bridges, etc. 

County Treasurer. — Each county has a Treas¬ 
urer who has the custody of all moneys belonging 
to the county, receiving the funds and paying 
them out as required. 

County Auditor. — In some states there are 
officers called County Auditors, whose duty it is 
to examine and certify bills against the county. 

Recorder or Registrar of Deeds. — In most 
states each county has a Recorder or Registrar 
of Deeds, whose duty it is to keep permanent 
records of all deeds, mortgages, and other written 
instruments which are required by law. In a few 
states these records are kept by the town clerks 
in the several towns. 


LOCAL GOVERNMENT. 


31 


Sheriff. — Each county has a Sheriff, or, as 
in some states, a Deputy Sheriff, to distinguish 
him from the High Sheriff. It is the duty of 
the Sheriff to execute all warrants, writs, and 
other processes intrusted to him by the courts, 
to arrest persons accused of crime, and to have 
charge of the county jail and its prisoners. 

Coroner. — It is the duty of the Coroner to 
inquire into the causes of the death of persons 
who have died suddenly or by violence. The 
Coroner summons a jury, who examine witnesses 
and give their opinion in writing as to the man¬ 
ner and cause of the person’s death. This is 
called a Coroner’s inquest.^ 

District Attorney. — It is the duty of the Dis¬ 
trict Attorney to conduct the prosecution in all 
courts of the county in which persons are tried 
for crimes. He is sometimes called the prosecut¬ 
ing attorney or the state’s attorney. 

Assessors. — Wherever the taxes are assessed 
and collected by counties instead of by towns, the 
counties have Assessors and Collectors of Taxes. 
Their duties have already been described. There 
are also county Surveyors and other officers differ¬ 
ing in different states. 

School Commissioners or Superintendents. — 

In a large number of states the public schools are 
managed by counties. In such cases the county 

1 In Massachusetts, where there is no Coroner, the inquiry is made by 
a “ Medical Examiner,” and the inquest is held by a court or trial justice. 


32 


LOCAL GOVERNMENT. 


has a School Commissioner or a Superintendent 
of Schools, whose duty it is to examine teachers, 
visit the schools, and attend to general matters 
relating thereto, but only as directed by the laws 
of the state. In some states there are county 
boards of education, differently constituted, who 
have under their care the interests of the public 
schools. 

These various county officers may be consid¬ 
ered as belonging to two classes in respect to 
their jurisdiction. Some of them are the repre¬ 
sentatives of the county only, while others are 
considered as state officials, but exercise their 
power only in their own county. The County 
Sheriff arrests a man for crime, but as the crime 
is fixed by state law, it is considered that the state 
arrests the man; yet .this arrest is made by the 
agent of the county. So when the district attorney 
prosecutes him, it is in the name of the state whose 
law he has violated. But the county commission¬ 
ers, or the recorder, or county treasurer act only 
for their county, and in no sense in the name of 
the state 

Section V. — Education. 

Perhaps no department of our government is 
of more importance than our system of public 
schools. Although these are supported and regu- 



LOCAL GOVERNMENT. 


33 


lated by the state, yet they are substantially local 
institutions and may properly be treated in this 
place. 

Monarchies do not necessarily rely on the in¬ 
telligence of the people for the preservation of 
their form of government, but a republic is made 
secure only by the intelligence and morality of all 
the people. It is generally agreed that intelli¬ 
gence, enterprise, thrift, and virtue are essential 
elements for a popular government. It would be 
unwise and dangerous to the state for us to allow 
any portion of our people to bring up their chil¬ 
dren in ignorance or vice. 

The public school began its history in this 
country in New England. The Boston Latin 
School dates from 1635. Harvard College was 
founded, partly by private gifts and partly by the 
government of Massachusetts Bay, in 1636. The 
town of Dorchester established the first public 
school which was supported by taxation in 1639. 
From this time onward the district school in New 
England became an important institution, so that 
long ago it was considered one of the boasted 
products of New England. 

When the territory northwest of the Ohio River 
was first settled, many of the pioneers went from 
the Eastern States. They carried with them and 
established in that section the New England 


34 


LOCAL GOVERNMENT. 


system of public schools. This institution has 
since prevailed in all the great northwest and in 
the states upon the Pacific coast, and since the 
late war it has been established by law in every 
southern state. All the organized territories have 
also established for themselves public schools. We 
have then to-day a system of public schools pre¬ 
vailing in every state of the Union, in every organ¬ 
ized territory, and in the District of Columbia. 
The laws relating to the schools, as well as their 
management, differ greatly in different states. 
In New England, where they first started, much 
is left to the people of each town. The state has 
a Board of Education and a Superintendent of 
Public Instruction. In some states this officer is 
called a Commissioner of Education, in others he 
is termed the Secretary of the Board of Educa¬ 
tion. The state makes laws for the government 
of the schools, and apportions a certain sum of 
money among the several towns, but each town 
levies a tax upon its inhabitants and their property 
for school purposes. 

In the west and the south the states have a more 
direct management of the schools, exercising a 
more immediate control over them. Many states 
have school funds to aid in supporting their public 
schools. In those states where the counties are 
not divided into townships, the schools are county 


LOCAL GOVERNMENT.. 


35 


schools, usually divided into districts for schools 
of the lower grades, but having one or more 
county high schools. 

In some states public schools are largely ele¬ 
mentary in their character, but a majority of the 
states carry public instruction through a high 
school course. Many of the Western States main¬ 
tain also state universities, in which any young 
person belonging in the state can have free in¬ 
struction through a liberal course of college or 
university study. 

Private Institutions of Learning. — In addi¬ 
tion to the public schools, all sections of our 
country maintain many private institutions of 
learning. There are private schools — primary, 
grammar, and high — in most of our large towns 
and cities. Many academies and seminaries have 
been founded and endowed by benevolent per¬ 
sons, where an excellent education can be ob¬ 
tained at moderate expense. Colleges and uni¬ 
versities are numerous in all parts of our country. 
Many of them are well endowed with large funds, 
enabling them to give a liberal education at a 
small part of its actual cost. Of late, parochial 
schools have been established by the Roman 
Catholic Church in large numbers in different 
sections of the country. The different Protes¬ 
tant denominations have, to a greater or less 


36 


LOCAL GOVERNMENT. 


extent, denominational schools here and there, 
of various grades. Perhaps there is no country 
in the world where the opportunities for every 
one to obtain a good education are more wide¬ 
spread than in the United States of America. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

TOWNS. 

1. Give an account of the early N ew England town. 

2. Western towns. Why are the towns in some sections 
of less relative importance than in New England? 

3. Town meeting — importance. 

4. Town officers — how elected. 

5. Duties of Town Clerk. 

6 . Duties of Town Treasurer. 

7. Duties of Selectmen. 

8. Duties of Assessors. 

9. Duties of Constable. 

10. Duties of School Committee. 

11. Duties of Overseers of the Poor. 

12. Duties of Road Commissioners. 

13. What preliminaries are needed before a town meeting 
can be legally organized ? 

14. What can be done legally in a town meeting? 

CITIES. 

15. What is a city charter? 

16. How obtained? 



LOCAL GOVERmiENT. 


37 


17. Difference between a town government and a city 
government. 

18. How is the Mayor elected? 

19. Duties of Mayor. 

20. Duties of Aldermen. 

21. Duties of Councilmen. 

COUNTIES. 

2 2. Where are counties of the most importance? Why? 

23. What state has no counties? 

24. When are counties units of government? 

25. Duties of County Commissioners. 

26. Duties of County Treasurer. 

27. Duties of County Auditor. 

28. Duties of Recorder. 

29. Duties of Sheriff. 

30. Duties of Coroner. 

31. Duties of District Attorney. 

32. Duties of Assessors. 

33. Duties of School Commissioners. 

34. Write an essay upon our system of public schools. 

[Let different pupils take different topics concerning public schools, 
e.g.: (i) Why is it right or just to tax all the property to support public 
schools? (2) The necessity of compulsory education. (3) Should the 
state support high schools? (4) Should it support colleges? (5) Advan¬ 
tages and disadvantages of private schools. (6) Advantages of graded 
schools. (7) Why should we learn to read? (8) Is it a disgrace to be a 
poor speller? (9) Is it any credit to be a good speller?] 


BLACKBOARD OUTLINE. 


DEPARTMENTS OF GOVERNMENT. 

I. Legislative | 2. Executive. 

3. Judicial. 

LEGISLATIVE DEPARTMENT. 

I. The House. 1 2. The Senate. 


EXECUTIVE DEPARTMENT. 

I. The Governor. | 2. The Lieutenant-Governor. 

3. The Council. 


OTHER EXECUTIVE OFFICERS. 


1. Secretary of State. 

2. Treasurer. 

3. Auditor. 

4. Attorney-General. 


5. Surveyor-General. 

6. Commissioner of Public 

Schools. 

7. State Librarian, and others. 


THE STATE COURTS. 


1. Justice Courts. 

2. Police Courts. 


3. County Courts. 

4. Supreme Court. 


38 



CHAPTER III. 


STATE GOVERNMENTS. 

Section I. — Their Origin. 

When the War of the Revolution commenced, 
it united thirteen English colonies, which were 
located along the Atlantic coast of North Amer¬ 
ica, in rebellion against the British government. 
On the 4th of July, 1776, these colonies, through 
their delegates assembled in the Continental 
Congress, declared themselves independent of 
the mother country, and published to the world 
their intention of taking their place as one of 
the nations of the earth. The several colonies 
at that moment became states. They immedi¬ 
ately adjusted their government in accordance 
with the new conditions under which they were 
placed. On that same day began the new nation 
of the United States of America, and the separate 
existence of each state as a state in the Union. 
One after another of these states formed a written 
constitution for itself, some just before, the others 
after the Declaration. These were termed state 
constitutions. Every one of the present forty- 

39 


40 


STATE GOVERNMENTS. 


four states has a written constitution, which was 
formed by a convention of the people, and which 
has been adopted by a majority vote. 

Virginia was the first state to adopt a consti¬ 
tution, June 29, 1776. On the 2d of July, New 
Jersey adopted a constitution. These two were 
prior to the Declaration of Independence. Be¬ 
fore the end of that year, Maryland, Delaware, 
Pennsylvania, and North Carolina had adopted 
constitutions. In 1777 Georgia, New York, and 
Vermont adopted constitutions, although Ver¬ 
mont was not admitted into the Union as a state 
until 1791. South Carolina adopted her consti¬ 
tution in 1778, Massachusetts in 1780, and New 
Hampshire in 1784. 

Connecticut and Rhode Island continued their 
governments under their former charters received 
from the king. The charter of Connecticut dated 
from April 20, 1662, and it served as a constitu¬ 
tion for that state until the year 1818. The 
charter of Rhode Island went into operation 
July 8, 1663, and that little state retained it as 
her constitution until the year 1842, when she 
adopted a state constitution. At the time that 
charter was superseded by the new constitution 
(1842), it was the oldest written constitution then 
in force in the world. 

These various state constitutions all contained 
substantially: — 


STATE GOVEENMENTS 


41 


1. A Bill of Rights. 

2. An Executive Department 

3. A Legislative Department 

4. A Judicial Department 

Section II. — The Legislative Department. 

The Legislative Department makes the laws 
for the state, but the state laws must not conflict 
with the constitution of the state nor the consti¬ 
tution of the nation. The state laws relate to 
matters of justice, equity, and rights, concerning 
the dealings of the citizens with each other and 
with the state. They provide for the organiza¬ 
tion of corporations, the establishment and sup¬ 
port of educational and charitable institutions, 
and make all needed regulations for the prosecu¬ 
tion and punishment of crime. In general, the 
aim of the Legislature in all laws is to promote 
the general welfare of the people of the state. 

It was but natural that these English colonists 
should follow in many things the notions and cus¬ 
toms which they had received from the mother 
country. In Great Britain the Legislative De¬ 
partment of the government included the House 
of Commons and the House of Lords. The 
American states severally, and the United States 
in its constitution, all followed the British system 
of two houses. 


42 


STATE GOVERNMENTS. 


The House of Representatives. — Each state 
has a House of Representatives, although not 
always called by that name. The Representa¬ 
tives are chosen in nearly all of the states on* the 
basis of population. For this purpose the state 
is divided into representative districts. A few 
states elect representatives for one year, but more 
elect for two years; while some elect for three 
years, and a few for four years. 

The Senate. —-The Senate is considered the 
upper house of the Legislature. The office of 
Senator is supposed to be of higher honor than 
that of Representative. The Senators are cho¬ 
sen from senatorial districts, which in all of the 
states are larger than the representative dis¬ 
tricts, making the Senate a smaller body than 
the House. Each house has a list of standing 
committees, and most of the business of the two 
houses is considered, examined, digested, and re¬ 
ported to the house by the appropriate commit¬ 
tees ; so that much of the ordinary business of 
the house is to pass a formal sanction upon what 
has been done by the committees. In this way 
the transaction of business is greatly facilitated, 
and the result is probably wiser than if every de¬ 
tail came before the full house. 

When, however, some matter of importance 
upon which there is a diversity of opinion comes 


STATE GOVERNMENTS. 


43 


from a committee, the house discusses the sub¬ 
ject, the members who are specially interested in 
that particular question debate it with all the 
strength of their decided convictions; and then, 
when the majority has decided the point, the 
minority yield gracefully, and the law is passed or 
defeated, as the case may be. 

The Making of a Law. — Before any bill can 
become a law it must be presented to one of these 
two houses, usually reported upon favorably by a 
committee, passed to a second reading, generally 
laid over until another day, then being called up 
it takes its third reading, and if adopted by the 
requisite vote, is sent to the other house. Here 
it goes through the same form as before, and on 
a favorable report from the proper committee it 
passes to its three readings. If at the third read¬ 
ing it obtains a majority vote, it is ordered to be 
engrossed and sent to the Governor for his signa¬ 
ture. In most states the Governor has a veto 
over all bills passed by the Legislature. If he 
signs the bill, thereby indicating his approval of 
it, it becomes a law, and it is then sent to the 
Secretary of State to be placed on file for pres¬ 
ervation. If the Governor disapproves of the 
bill he refuses to sign it, or in other words he 
“ vetoes ” the bill, and returns it with his objec¬ 
tions to the house where it originated. In this 


44 


STATE GOVERNMENTS. 


case it must pass the two houses of the Legisla¬ 
ture again, and in nearly all the states a two- 
thirds vote is necessary. If it fails to receive 
this vote in either house, the bill is killed. In 
some states a majority vote only is necessary to 
pass the bill over the Governor’s veto. 

Each house is the judge of the election and 
qualifications of its own members, chooses its 
own officers, and establishes its rules of proced¬ 
ure. In some of the states the House of Repre¬ 
sentatives only can originate bills looking toward 
taxation or the expenditure of money. 


Section III.—The Executive Department. 

The Governor. — The chief executive officer 
of the state is the Governor. It is a common 
custom to apply to him the title of “ His Excel¬ 
lency.” In the early history of the states New 
Hampshire, Pennsylvania, Delaware, and South 
Carolina called the executive officer the Presi¬ 
dent. All other states from the outset gave him 
the name of Governor. 

In a monarchy the chief executive officer is the 
monarch himself. In him is the source of power, 
and other officers are responsible to him. Under 
a republican form of government, as in the sev¬ 
eral states, the executive officer holds inferior offi- 


STATE GOVERNMENTS, 


45 


cers responsible to him, but he in turn is respon¬ 
sible to the people, who are the source of all 
political power. 

Term of Office. — The Governor is elected by 
the people ; in some states annually, in others for 
the period of two, three, or four years. The ten 
dency at present seems to be toward biennial 
elections. 

Qualifications. — The qualifications necessary 
for a Governor differ in the different states. The 
qualifications for a Governor in every state are 
determined by the constitution of that state. 
These constitutions commonly agree that to be 
eligible for the office of Governor a person must 
have been for a certain number of years a citizen 
of the United States, and for a term of years im¬ 
mediately preceding his election a resident of the 
state. He must also be above a certain age, 
which in most of the states is thirty years. 

Powers and Duties. — The executive powers 
and duties of the Governor are important and 
various. It is his duty to represent the state on 
public occasions and in its dealings with other 
states and the United States. He is Commander- 
in-Chief of the military forces of the state, and has 
the power to call out the militia of the state in 
time of insurrection. It is his especial care as 
the chief executive to see that the laws be faith- 


46 


STATE GOVERNMENTS. 


fully executed. He has power to call upon the 
different executive officers under him for informa¬ 
tion concerning the condition of affairs in their 
respective departments. He communicates infor¬ 
mation of the condition of the state by message 
to the Legislature when in session, and is accus¬ 
tomed to recommend to that department of the 
government such measures as he considers neces¬ 
sary and desirable. He usually has the power to 
call together the Legislature on extraordinary 
Dccasions. In most states he has the veto power. 

The Governor has certain judicial powers. In 
most states the power is granted to him by the 
constitution to reprieve or pardon criminals. To 
.reprieve a criminal is to postpone or delay for a 
certain time the execution of the sentence which 
has been already pronounced upon him. To par¬ 
don is to free the criminal entirely from the exe¬ 
cution of the sentence. A pardon forgives the 
offence and releases the offender. Most states 
also give the Governor the power to commute a 
sentence; that is, to change the penalty or pun¬ 
ishment for a less severe one. For instance, when 
a person has been sentenced to capital punish¬ 
ment, the Governor may commute that sentence 
to imprisonment for life. In some states the par¬ 
doning power is not given to the Governor, but 
is retained in the hands of the Legislature, or the 
Senate, or the Governor’s Council. 


STATE GOVERNMENTS. 


47 


The Governor has also in all states more or 
less appointing power. He appoints many ex¬ 
ecutive officers and sometimes judicial officers. 
This power of appointment differs greatly in the 
different states. In some states he appoints all 
the principal executive and judicial officers, such 
as the Secretary of State, the Attorney-General, 
and the judges of the courts. In other states 
these officers are elected by the people, and the 
Governor appoints only officers of a lower grade. 
In none of the states has he the power to ap¬ 
point legislative officers. In some states the 
Governor is intrusted with powers and duties 
which it is not necessary to mention here. Some 
states provide for a “ Governor’s Council,” or, as 
it is sometimes called, an “ Executive Council.” 
The members of this council are usually elected 
by the people, and their duty is to advise the 
Governor, especially in regard to certain matters 
definitely stated in the laws. 

Lieutenant-Governor. — Most of the states 
have an officer called a Lieutenant-Governor. 
In one-quarter of the states this office does not 
exist. Usually he has but few duties. In most 
of the states which have such an officer he pre¬ 
sides in the Senate. The principal reason for 
having a Lieutenant-Governor is to guard against 
a vacancy in the office of Governor. Should the 


48 STATE GOVERNMENTS . 

Governor die, or by any reason be removed or 
become incompetent to discharge the powers and 
duties of his office, these would devolve upon 
the Lieutenant-Governor; but in every instance 
only in accordance with the constitution of the 
state. 

Executive Officers. — The executive officers 
vary in the different states. In most of them 
the constitution provides for a secretary of state, 
an auditor or comptroller, a treasurer, and an 
attorney-general. Some states have an officer 
called a surveyor-general, whose duty it is to 
look after the lands belonging to the state; a 
superintendent of schools, or superintendent of 
public instruction, or commissioner of public 
schools; state printer; a state librarian, and 
others. 

Some states have boards of education whose 
duty it is to exercise supervision over the normal 
schpols of the state, if there are such; prescribe 
forms for registers and blank-books for school 
statistics; to direct or advise the superintendent 
of public instruction; and to make annual re¬ 
port to the Legislature of the state concerning 
education within its limits, with recommenda¬ 
tions for necessary legislation or appropriations. 

Some states have a board of agriculture, a 
board of health, a board of prison commission- 


STATE GOVERATME/VTS, 


^9 


ers, a board of railroad commissioners, harbor 
commissioners, insurance commissioners, commis¬ 
sioners of savings banks, and the like. 


Section IV. —The Judicial Department. 

The constitutions of the several states provide ' 
for the establishment of courts of justice and 
carefully define their powers. In some states the 
judges are appointed, and in others they are 
elected by the people. The legislative depart¬ 
ment makes laws, the executive department en¬ 
forces them, but the judicial department interprets 
the laws and decides cases of law, making the 
proper application so as to insure justice to indi¬ 
viduals. The names and powers of the different 
courts differ greatly among the several states. In 
no two states is the judicial department exactly 
alike. All that can be done here is to give a 
tolerably correct idea of the judicial system to be 
fpund in most of the states. 

Justices of the Peace. — In the various towns 
or counties in the different states officers are 
chosen, termed Justices of the Peace. The justice 
will hold a petty court, in which he has the power 
to try civil cases which involve small amounts. 
Some states limit this amount to one hundred 
dollars, and others to fifty dollars. He has also 


50 


STATE GOVERNMENTS. 


the power to try persons charged with small 
crimes. Sometimes he has the power to make a 
preliminary examination and bind over criminals 
for trial in the higher courts. 

Police Courts. — In the cities the lowest order 
of courts, similar to the justice courts in the towns, 
is usually termed police courts. 

County Courts. — In most of the states the 
courts next above justice courts or police courts, 
which are organized for the trial of civil cases 
and of crimes, are held by counties, and are called 
by various terms, such as district courts, county 
courts, courts of common pleas, superior courts, 
etc. Many of the states outside of New England 
call these courts circuit courts. 

Supreme Court. — The highest court in the 
state is usually called the supreme court of such 
a state. This is usually not a court of original 
jurisdiction, but only for the trial of cases ap¬ 
pealed from the lower courts. 

Probate Courts. — The term probate court is 
used in most of the states with a uniform mean¬ 
ing. Usually there is one probate court in every 
county, which has generally but a single judge. 
These courts are quite different in character from 
the courts just described. They are not for the 
trial of disputes between citizens, nor for the trial 
of persons charged with crime, but their powers 


■STATE GOFEEJVMEATTS. 


51 


and duties relate exclusively to the settlement of 
the estates of deceased persons. They act upon 
wills, appoint administrators, and empower execu¬ 
tors to act in accordance with the wills. When 
a person dies, leaving property, but not having 
made a will, it is said that he dies mtestate. In 
that case it is the duty of the probate court to 
appoint administrators, whose duty it is to settle 
the estate, paying all lawful bills brought against 
it, and to divide the property among the relatives 
to whom it would belong by law. Strictly speak¬ 
ing, the administrator has no jurisdiction over the 
real estate of a person deceased. The lawful 
heirs can take possession of that without authority 
from the court. 

When a person dies leaving a will, he usually 
names in that will an executor or executors, whose 
duty it shall be under the will to dispose of his 
property in accordance with the provisions of the 
will. The probate court has power to remove 
executors or administrators who fail in the dis¬ 
charge of their duty, to settle their accounts, and 
to decide questions of dispute which may arise in 
the distribution of the estate. Probate courts are 
sometimes called orphans’ courts, because they 
have the power to take charge of the estates of 
minors whose parents have died, and to appoint 
guardians for them. 


52 


STATE GOVERNMENTS, 


Questions of dispute which may arise concern¬ 
ing decisions of probate courts may be appealed 
to the county courts or the supreme court of the 
state. 

Judges of the various courts are sometimes 
appointed by the Governor, sometimes by the Leg¬ 
islature, and sometimes elected by the people. 
Their terms of office differ in the different states. 
Frequently the term is from six to ten years. 
Justices of the peace are usually elected for one 
or two years. It is common in the New England 
States for the judges of the higher courts to hold 
office for life, All the officers under the judicial 
department, as well as those in the legislative and 
executive departments, receive salaries which are 
fixed by state laws. 

There are many other matters of various kinds 
relating to the state governments, which might 
be considered with propriety here, but which 
may better be omitted, especially for the reason 
that most of them will be fully explained, and 
better understood under the department of our 
national government. The subordination of the 
parts to the whole, of the inferior to the superior, 
must be kept in mind. The town and the county 
are portions of the state, are inferior to the state, 
and are subject to its power and its law, but only 
so subject in matters over which the state by the 



STATE GOVERNMENTS, 


53 


constitution has authority vested in it. So in 
like manner it must be remembered that the 
states are parts of the nation, and as such are 
in subordination to the national authority, but 
only in such matters as the nation has power 
given to it by its constitution. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study, 

1. What was the Declaration of Independence? 

2. How did the colonies become states? 

3. Write a paper of one hundred words or more, describ¬ 
ing the legislative department of a state. 

4. Difference between the “House” and the “Senate.” 

5. Describe how a law is made. 

6. Duties of the Governor. 

7. Is a Lieutenant-Governor like a “ fifth wheel to a coach ” ? 

8. What executive officers are there in the states? 

9. Justice Courts. 

10. Police Courts. 

11. County Courts. 

12. Supreme Courts. 

13. Probate Courts. 

14. What is meant by intestate? 

15. What is meant by executor? 

16. What is meant by administrator? 

17. State Judges — how appointed or elected? 



BLACKBOARD OUTLINE. 


SETTLEMENTS. 

X- Spanish. j 2. French. 

3. English. 


COLONIAL AND REVOLUTIONARY HISTORY. 


The Supreme Moment in 
the History of America. 
First Continental Congress. 


3. Second Continental Congress. 

4. Articles of Confederation. 

5. Plan of the Confederation. 


6. The Federal Convention. 



CHAPTER IV. 


COLONIAL AND REVOLUTIONARY HISTORY. 

Section I. 

The Contest of the Kings for North America. 

— After the discovery of America by Columbus 
Spain claimed the right to the new world. It 
was not long, however, before Great Britain, 
France, and other nations sent over vessels on 
exploring expeditions, each claiming the right to 
the country along whose coast they sailed. A 
little later settlements were attempted here and 
there from Quebec to St. Augustine, in Mexico, 
Central and South America. 

Spanish Settlements. — Spain made the first 
permanent settlement in what is now the United 
States, at St. Augustine, Florida, in 1565. Spain 
at an early date took possession of Mexico, Cen¬ 
tral America, and a large part of the Atlantic 
coast of South America. So it came to pass 
that the Spanish Provinces were all further south 
than the country which at a later date became 
the United States of America. 


55 


56 


COLONIAL HISTORY. 


French Settlements. — The French people 
are entitled to great praise for their early explo¬ 
rations and settlements in North America, and 
for the devoted efforts of French priests to in¬ 
struct and Christianize the North American 
Indians. Father Marquette, Chevalier De La 
Salle, Joliet, and many others penetrated into the 
wilderness, traced the course of the principal 
rivers, navigated the Great Lakes, and explored 
the entire valley of the St. Lawrence and the 
Great Basin of the Mississippi. 

They had possession of what is now the British 
Provinces at the north of us, and of the entire 
country between the Alleghanies and the Rocky 
Mountains. 

English Settlements. — Great Britain was at 
an early date very active in sending out expedi¬ 
tions for discovery and explorations. The Cabots, 
Sir Francis Drake, Sir Humphrey Gilbert, Capt. 
John Smith, Gosnold, and others sailed along the 
Atlantic coast, taking possession of the country 
in the name of the king of Great Britain. Set¬ 
tlements were effected at Jamestown, Plymouth, 
Salem, Boston, Hartford, New Haven, and later 
still Philadelphia, and along the coast of the Caro- 
linas and Georgia. 

The Contest for Supremacy. — Thus it hap¬ 
pened that these three great European nations, 


COLONIAL HISTORY. 


57 


to say nothing of Portugal, Holland, Sweden, 
and other minor powers, had before the middle 
of the last century planted flourishing settle¬ 
ments and organized governments for prosperous 
colonies along the coast and in the interior from 
Quebec to the Isthmus of Darien. 

If the map of North America were made in 
three colors, showing the several parts of this 
continent held by these three great powers from 
1740 to 1750, the lines would be somewhat as fol¬ 
lows: The green color, which might represent 
Spain, would cover Florida, Mexico, and Central 
America. The yellow shade, representing France, 
would include all of the present British America 
and the entire valley of the Mississippi River. 
The red, which we will have represent the British 
power, will cover only the few feeble colonies along 
the coast from Maine to Florida, and extending 
westward to the Alleghany Mountains. 

Section II.—The Contest Ended. 

The Supreme Moment in the History of 
America. — In the year 1754 hostilities broke out 
between the English colonies in North America 
and the French. During several years preceding 
this date the French had established a line of 
posts along the Ohio River and near the Alle- 


58 


COLONIAL HISTORY. 


ghany Mountains, intending to prevent the Eng¬ 
lish from extending themselves beyond the moun¬ 
tains to the westward. Washington, at the head 
of troops from Virginia, was sent to dislodge the 
French from Fort Duquesne. In the next year, 
1755, occurred the defeat of General Braddock 
near this fort. In 1756 Lord Loudon was sent 
to command the British troops in America. The 
contest went on with the battle of Louisburg, 
Fort William and Henry, and the capture of Fort 
Frontenac. The English were defeated at Fort 
Ticonderoga, and fought other battles, until Gen¬ 
eral Wolfe was sent by the British to take Que¬ 
bec, and there defeated the French army under 
Montcalm. 

The Battle of Quebec. — During the night the 
British forces climbed the steep precipice from the 
river up to the “ Plains of Abraham.” A fierce 
battle ensued. It was the turning-point in the his¬ 
tory of America. If the French should be able to 
compel the forces to retreat, France might reason¬ 
ably expect to hold permanent possession of both 
the French and the English colonies of North 
America. If, on the other hand, the English 
should capture the city of Quebec, France would 
be beaten, and she would be obliged to surrender 
her vast possessions in this new world to Great 
Britain. The English were successful. Wolfe 


COLONIAL HISTORY. 


59 


and Montcalm were both killed. Montcalm, when 
dying, said, “ I am happy that I shall not live to 
see the surrender of Quebec.” Wolfe, after re¬ 
ceiving his mortal wound; being told that the 
French were fleeing everywhere, said, “ Now God 
be praised! I die in peace.” This was in the 
year 1760, and soon after the English completed 
the capture of Canada. 

Had the French succeeded in this contest, the 
English colonies would have been obliged to sur¬ 
render themselves to the domination of France. 
The French language, French customs, French 
laws, would have controlled America; but, on the 
other hand, as the English were victorious, Erance 
was swept from the continent of America, and not 
till the beginning of the present century did she 
again secure any foothold here. The treaty of 
1763 between England and France was a great 
triumph for the English-speaking race. 

One historian says, “ England, proudly impe¬ 
rious, drunk with success, dictated humiliating 
terms to Erance, and robbed her of all her pos¬ 
sessions in North America.” Great Britain took 
possession of the entire valley of the St. Law¬ 
rence,— which carried with it all the country 
which we now know as British America, — and 
all the territory east of the Mississippi River. 
France was permitted to cede to Spain the terri- 


6 o 


COLONIAL HISTORY, 


tory west of the Mississippi River, lying between 
that river and the Rocky Mountains, which was 
known as the “ Province of Louisiana.” This 
may well be called the supreme moment in the 
history of North America. From this time on¬ 
ward it was manifest that England and the Eng¬ 
lish-speaking people must dominate this country. 
Count De Vergennes, a distinguished French 
statesman, was at that time the French minister 
at Constantinople. As soon as he heard what 
the English demands had been, and that the 
French had lost all in North America, he said, 
“ The English have overshot the mark. Their 
next step will be to tax their American colonies 
to help defray the expenses of this war. The 
Americans, then no longer needing the protec¬ 
tion of England, will refuse to pay the tax, and 
strike off all dependence upon the mother coun¬ 
try.” This was in 1763. How true his prophecy 
was will readily appear when we observe that the 
Declaration of Independence was passed only 
thirteen years later. The British did tax the 
colonies, the colonies did refuse to pay the tax, 
and, the Erench power being entirely swept away, 
and the Spanish being far off beyond the Missis¬ 
sippi, they no longer feared any foreign nation, so 
that their own independence was only a question of 
time. The Stamp Act alienated the Americans, 


COLONIAL HISTORY. 


6 l 


the tax on tea exasperated them; hostilities were 
commenced, the Declaration of Independence was 
put forth, the war ensued, and the thirteen British 
colonies became an independent republic. 

The surrender of Cornwallis upon the plains 
of Yorktown occasioned the resignation of Lord 
North, and an entire change in the British min¬ 
istry. Yet it was more than a year before terms 
of peace could be agreed upon, and two years 
before the definitive treaty was signed. 

The First Continental Congress. — Sept. 5, 
1774, on the recommendation of Massachusetts, 
a Continental Congress consisting of delegates 
from twelve colonies assembled in Philadelphia. 
The youngest colony, Georgia, was not repre¬ 
sented. This gathering came to be known as 
the First Continental Congress. Many distin¬ 
guished men were members of it, such as John 
Adams and Samuel Adams of Massachusetts, 
Roger Sherman of Connecticut, John Jay of New 
York, Peyton Randolph, Richard Henry Lee, 
Patrick Henry, and George Washington of Vir¬ 
ginia. Peyton Randolph was chosen president. 
The Congress adopted the following resolution: 
“ That in determining questions in this Congress, 
each colony or province shall have one vote; the 
Congress not being possessed of, or at present 
able to procure, proper materials to ascertain the 
importance of each colony.” 


62 


REVOLUTIONARY HISTORY. 


The adoption of this rule proved to be a mat¬ 
ter of great importance subsequently, inasmuch 
as it continued in force through the entire Revo¬ 
lutionary War, and until the Federal Constitu¬ 
tion went into effect in 1789. 

The Congress drew up four papers, — an ad¬ 
dress to the king, another to the people of Great 
Britain, a third to the inhabitants of the colonies, 
and a fourth to the people of the province of 
Canada. They recommended that another Con¬ 
gress be called for the tenth of the following 
May, in case the grievances complained of were 
not previously redressed. No good results were 
obtained from these addresses to Great Britain, 
although several British statesmen, including 
Lord Chatham, spoke of them in terms of high¬ 
est admiration. . 

Section III.—The Revolution. 

Second Continental Congress. — In accord¬ 
ance with the vote of the First Congress, the 
Second Continental Congress assembled at Phil¬ 
adelphia on the loth of May, 1775. This Con¬ 
gress continued in session until March, 1781, and 
after that date it had annual sessions till the 
Federal Constitution went into effect in 1789. 
This Second Continental Congress was in reality 
the national government through the Revolu- 
























































































































































































































































































































































































































































» la I i 




REVOLUTIONARY HISTORY. 


63 


tionary War. It appointed Washington as com- 
mander-in-chief of the army of the United Colo¬ 
nies; it adopted the Declaration of Independence; 
it assumed the power to carry forward all neces¬ 
sary measures for the defence of the country; it 
created a continental currency; it issued bills of 
credit; it established a treasury department and 
a general system of post-offices. It recommended 
that the several colonies should establish for them¬ 
selves such forms of government as promised best 
to secure good order during the continuance of 
the controversy with Great Britain. 

Articles of Confederation. — No sooner had 
independence been determined upon than it be¬ 
came obvious that the states would need some 
written articles which should bind them together 
and give proper authority to the Congress. A 
committee was therefore appointed to prepare 
“ Articles of Confederation.” These Articles were 
agreed upon by Congress on the 15th of Novem¬ 
ber, 1777. They were to go into operation when 
ratified by all the states. Eleven states ratified 
them in the year 1778, Delaware in 1779, and 
Maryland March i, 1781, at which time they went 
into effect. But this was nearly five years after 
the Declaration of Independence. During all 
this time the Continental Congress constituted 
the national government, and had made the treaty 


64 


REVOLUTIONARY HISTORY. 


between the United States and France. The 
Articles of Confederation made but little differ¬ 
ence in the management of affairs. The Conti¬ 
nental Congress went right on with its work in 
the same order as before, and about six months 
later the surrender of Cornwallis virtually closed 
the war. Prior to the adoption of these Articles 
the government had been revolutionary, the Con¬ 
gress governing by common consent of the peo¬ 
ple of the states. These Articles were the first 
attempt to draw the line between the powers of 
the national government and those to be exercised 
by the states severally. The tendency for state 
supremacy was strong. The colonies had been 
heretofore independent of each other, with only 
one common bond, — the common subjection to 
the mother country. It was the central govern¬ 
ment of Great Britain which had made arbitrary 
demands upon their rights and liberties. They 
were naturally timid of authority and fearful of 
centralized power. The Articles were therefore 
drawn up with the intention of leaving the largest 
possible powers with the several states, and of 
giving to the National Congress just as little 
power and authority as possible. They were “ as 
erroneous in theory as they were inefficient in 
practice.” The object aimed at by them was to 
confederate the several states together for general 


REVOLUTIONARY HISTORY . 65 

purposes of mutual assistance, especially in mat¬ 
ters of protection against foreign foes. 

Plan of the Confederation. — The Articles 
provided for one house of Congress composed of 
delegates from the several states. Each state was 
to pay its own delegates, and the voting on all 
questions was to be by states. 

Matters of war and peace, treaties and alliances, 
were left with the Congress. This body could 
decide disputes between states, had charge of all 
postal matters, and power to regulate the value 
of money; but an affirmative vote of two-thirds of 
all the states was necessary for any important 
action to be taken. There was no executive de¬ 
partment and no judiciary. Congress could ap¬ 
portion taxes among the states, but had no power 
to collect them. Each state could lay duties and 
imposts. Congress had not even power to en¬ 
force its own laws. It could borrow money, but 
could make no provision for its payment. It 
could appoint ambassadors, but could not defray 
the necessary expenses. It could declare war, 
but could not raise a single soldier. “ In short, 
it could declare everything, but do nothing.” 
The Congress ratified the treaty of peace be¬ 
tween the United States and Great Britain, but 
this treaty was violated by the states, and Con¬ 
gress was powerless to prevent such violations. 


66 


REVOLUTIONARY HISTORY. 


The Confederation was merely a league between 
the states, embodying the greatest weakness when 
considered as a national government. Wash¬ 
ington at an early day saw the difficulty and 
danger, and that a new constitution was the great 
problem of the time. Alexander Hamilton, one 
of the ablest statesmen of that day, as early as 
1780 sketched the outline of a system of govern- 
ment which he thought to be necessary, and 
which embodied most of the essential features of 
our present constitution. 

Federal Convention. — It had become entirely 
evident both to Congress and the people that the 
Confederation as a government was a failure. 
The states were issuing more and more paper 
money. Congress repudiated the national debt, 
and the states repudiated their debts. The coun¬ 
try was rapidly becoming bankrupt. There were 
but few manufacturing establishments in Amer¬ 
ica, and the coin of the country was constantly 
transferred to 'England in payment for vast quan¬ 
tities of manufactured goods sent over from that 
country to this. The several states were stripped 
of money. The credit of the states and of the 
Congress was gone, and the absolute collapse of 
the United States government was imminent. 

Washington wrote to a member of Congress, 
“You talk, my good sir, of employing influence 


REVOLUTIONARY HISTORY. 


67 


to appease the present tumults in Massachusetts. 
Influence is not government. Let us have a gov¬ 
ernment by which our lives, liberties, and proper¬ 
ties will be secure, or let us know the worst at 
once.” ^ 

Delegates from flve states met in January, 1786, 
at Annapolis, Maryland, with reference to a uni¬ 
form system of commercial regulations. They 
reported to Congress their unanimous conviction 
that a general convention of delegates from the 
several states should be called to take such action 
as would render “ the Constitution of the Federal 
Government adequate to the exigencies of the 
Union.” On the 21st of February, 1787, Congress 
adopted the following resolution : — 

“ Resolved, That, in the opinion of Congress, 
it is expedient that, on the second Monday in 
May next, a convention of delegates, who shall 
have been appointed by the several States, be 
held at Philadelphia, for the sole and express pur 
pose of revising the Articles of Confederation, 
and reporting to Congress and the several legis¬ 
latures such alterations and provisions therein as 
shall, when agreed to in Congress and confirmed 
by the States, render the Federal Constitution 
adequate to the exigencies of government and 
the preservation of the Union.” 

Delegates from all the states except Rhode 


68 


REVOLUTIONARY HISTORY. 


Island met at Philadelphia, Monday, May 14th, 
1787. On the 25th, George Washington was 
unanimously elected President of the Convention. 
This Convention was without doubt the most 
celebrated gathering of able men ever seen in 
America. 

Among the thirty-nine members of the Con¬ 
vention who subscribed their names to the Con¬ 
stitution, five, viz., Sherman, Franklin, Robert 
Morris, Read, and Washington, were signers of 
the Declaration of Independence; Washington 
and Madison were afterwards Presidents ; Rut¬ 
ledge and Ellsworth became Chief Justices; 
Gerry was Vice-President, and Hamilton, Secre¬ 
tary of the Treasury; Livingston had been eleven 
times elected governor of his state ; Wilson was 
famed in four universities and was esteemed the 
greatest constitutional lawyer of the Convention ; 
and Dr. Franklin, then more than eighty years of 
age and very near the grave, rounded out his full 
life as a philosopher, statesman, diplomatist, by 
giving to his country at this her most critical 
period the great benefit of his own political expe¬ 
rience. All of these men had been “ identified 
with the heroic and wise councils of the Revo¬ 
lution.” 

The Convention had been called “for the sole 
and express purpose of revising the Articles of 


REVOLUTIONARY HISTORY. 


69 


Confederation.” It soon, however, became evi¬ 
dent that the only way of rendering this instru¬ 
ment “ adequate to the exigencies of government 
and the preservation of the Union ” was to throw 
it entirely away and frame a completely new docu¬ 
ment. At the very beginning of their discus¬ 
sions great differences of opinion were manifest. 
The members were generally divided into two 
classes, one favoring a strong national govern¬ 
ment, and the other opposed to anything which 
would tend to weaken state sovereignty or impair 
in any degree what they considered as state rights. 
Here then was the origin of the two great polit¬ 
ical parties, which have divided the American 
people from that day to this, — the states rights 
party and the national or federal party. 

But there were other questions of no small dif¬ 
ficulty which they were also obliged to meet at 
the outset: such as the diverse interests and jeal¬ 
ousies of large and small states, of free and slave 
states, of states agricultural and commercial; and 
should the states have equal power in the national 
government, or should that power be proportional 
to the population of the several states. 

Washington almost despaired, Franklin was 
seriously alarmed; but influenced by a spirit of 
mutual forbearance and concessions, various com¬ 
promises were proposed and agreed to concerning 


70 


REVOLUTIONARY HISTORY. 


slavery, and especially in providing for an equal¬ 
ity of the states in the Senate, and representation 
by population in the House. The present Con¬ 
stitution of the United States was agreed to by 
the convention, and received the signatures of 
members from all the participating states. This 
result was reached only by the most consummate 
wisdom, the most lofty patriotism, and such a 
degree of skill and ability as has seldom, if ever, 
elsewhere been witnessed in any assemblage of 
men. Washington said, “ It appears to me little 
short of a miracle.” 

The Constitution was finally agreed to by all 
the states present on the 15th of September, 1787. 
This was on Saturday. On the following Mon¬ 
day it was signed by the members, and submitted 
to the Congress. The votes throughout the whole 
time of the Convention had been by states, as in 
the Continental Congress. The Congress trans¬ 
mitted the new Constitution to each state, recom¬ 
mending its ratification. Although the Articles 
of Confederation provided that no change should 
be made in them except by a vote of every state, 
yet the Constitution provided that the new gov¬ 
ernment should go into effect when ratified by 
conventions of the people of nine states. 

For a long time it was uncertain whether the 
Constitution would be adopted or rejected. Most 


REVOLUTIONARY HISTORY. 


71 


of the smaller states were in its favor. Its adop¬ 
tion was closely contested in New York, Massa¬ 
chusetts, and Virginia. In a little less than one 
year from its adoption by the Convention, it had 
b.een ratified by eleven of the states. Congress 
then took measures to put the new government 
into operation. Elections of presidential electors, 
and of senators and representatives in Congress, 
were held in January, 1789. The presidential 
electors voted for President on the first Wednes¬ 
day of February; and the first Wednesday of 
March was decided upon by Congress as the 
time when the new Constitution should go into 
effect. 

George Washington was unanimously elected 
President, and John Adams was elected Vice- 
President. On the 4th of March the senators 
and representatives assembled in New York, the 
new Constitution went into legal operation, and 
proceedings were commenced under it. It was 
not, however, until the first day of April that a 
quorum of members in both houses was obtained, 
and on that day Congress began the transaction 
of business. Washington took the oath of office, 
and delivered his inaugural address, on Thurs¬ 
day, April 30th. On May ist John Adanrs took 
his seat as president of the Senate. North Caro¬ 
lina ratified the Constitution in November, 1789; 
and Rhode Island, in May, 1790. 


72 


revolutionary history. 


Dates of Ratification. — The following are the 
dates of the ratification of the Constitution by 
each of the thirteen original states : 

(1) Delaware, Dec. 7, 1787. 

(2) Pennsylvania, Dec. 12, 1787. 

(3) New Jersey, Dec. 18, 1787. 

(4) Georgia, Jan. 2, 1788. 

(5) Connecticut, Jan. 9, 1788. 

(6) Massachusetts, Feb. 6, 1788. 

{7) Maryland, April 28, 1788. 

(8) South Carolina, May 23, 1788. 

(9) New Hampshire, June 21, 1788. 

(10) Virginia, June 26, 1788. 

(11) New York, July 26, 1788. 

(12) North Carolina, Nov. 21, 1789. 

(13) Rhode Island, May 29, 1790. 

Thus was put into operation the Constitution 
of the United States of America, which Glad¬ 
stone, who is considered by many the greatest 
statesman of this age, has pronounced to be “ the 
most wonderful work ever struck off at a given 
time by the brain and purpose of man.” 

It may truly be said that it embodies profound 
political wisdom and far-reaching statesmanship, 
while it jealously guards the rights of the people, 
providing various checks and safeguards against 
unjust, unwise, or dangerous legislation; and yet 
“ in its words it is plain and intelligible, and is 


REVOLUTION-ARY HISTORY. 


73 


meant for the homebred, unsophisticated under- 
standings of our fellow-citizens.” ^ 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What was the “ Contest of the Kings ”? 

2. Where was the first permanent Spanish settlement in 
the United States ? 

3. Where the first permanent English settlement? 

4. Draw a map of North America, showing Spanish, 
French, and English control at the middle of the eighteenth 
century. 

5. Draw a map showing the English and Spanish territory 
after 1763. 

6. Describe the battle of Quebec. 

7. What was the “ Supreme Moment in American History,” 
and why so called ? 

8. First Continental Congress. 

9. What important rule did it adopt? 

10. When did the Second Continental Congress convene? 

11. Name the essential points of weakness in the Articles of 
Confederation. 

12. Describe the Federal Convention. 

13. When did the Convention submit the Constitution to 
Congress? 

14. When did the Constitution go into effect? 



BLACKBOARD OUTLINE. 


THE LEGISLATIVE DEPARTMENT.-THE CONGRESS. 


THE HOUSE OF REPRESENTATIVES. 

The Number of Representatives. | Territorial Delegates. 

Qualifications. 1 Officers. 

Impeachments. 

THE SENATE. 

Senators, how chosen. | Presiding Officer. 

Qualifications. I Officers of the Senate. 

The Trial of Impeachments. 


PROVISIONS RELATING TO BOTH HOUSES. 

Sessions of Congress. 

Salaries of Senators and Representatives. 


THE POWERS OF CONGRESS. 


Duties on Imports. 

Naturalization. 

Bankruptcies. 


Coin Money. 

Weights and Measures. 
The “Sweeping Clause.” 


RESTRICTIONS UPON THE NATIONAL GOVERNMENT. 


74 



PART SECOND. 


THE NATIONAL GOVERNMENT. 


CHAPTER I. 

THE LEGISLATIVE DEPARTMENT. 

Section I.— The Congress. 

The Preamble. — The purpose of the Consti¬ 
tution of the United States is fully stated in the 
preamble. It is as follows: — 

1. To form a more perfect union. 

2. To establish justice. 

3. To insure domestic tranquillity. 

4. To provide for the common defence. 

5. To promote the general welfare. 

6. To secure the blessings of liberty to ourselves 

and our posterity. 

The National Element of Slow Growth.— 

The beginning of the nation was July 4th, 1776. 
During the Revolution and under the Articles 
of Confederation, great diversities prevailed among 
the people as to the proper limits of state rights 
and the proper extent of the Federal power. 
The weakness of the Articles of Confederation 

7S 


;6 


THE LEGISLATIVE DEPARTMENT. 


rendered it very clear that the national govern¬ 
ment must have conferred upon it more extended 
powers. The Constitution was a compromise in 
many respects between divergent parties, but on 
the question of national supremacy there was no 
compromise. The Articles of Confederation con¬ 
stituted an agreement or bond between the several 
states which were specified by name. The Con¬ 
stitution, on the other hand, was not a league of 
states, but a fundamental law adopted by the 
people of the whole country. Its first sentence, 
called the preamble, is especially significant; — 

“We, the people of the United States, in order to form 
a more perfect union, establish justice, insure do¬ 
mestic tranquillity, provide for the common defence, 
promote the general welfare, and secure the bless¬ 
ings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United 
States of America.” 

Section IL—The House of Representatives. 

By the Constitution all legislative powers for 
the national government are vested in a Congress 
of the United States, which consists of two 
houses, the Senate and the House of Representa¬ 
tives. As has already been stated, the people 
were influenced largely in organizing their new 
government by the plans and methods which they 


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THE LEGISLATIVE DEPARTMENT. 


77 


had been familiar with in the mother country. 
Hence it was simply natural that following the 
example of the British Parliament, which con¬ 
sisted of the House of- Lords and the House of 
Commons, two separate houses should here be 
provided for. 

During the revolutionary government and 
under the Articles of Confederation, the Conti¬ 
nental Congress had consisted of but one house. 
The states, however, in forming constitutions for 
themselves had, without exception, introduced 
the plan of two houses. 

The House of Representatives. — 

“ The House of Representatives shall be composed of 
members chosen every second year by the people 
of the several states.” 

Under the Confederation the members of Con¬ 
gress were chosen annually, and in such manner 
as the legislature of each state should authorize. 
The Constitution provides that representatives 
shall serve for two years, and that they shall be 
elected by “ the people.” Each state prescribes by 
law how the members of the state legislature shall 
be elected, and who shall have power to vote for 
such members. The Constitution prescribes that 
any one who can vote for a m.ember of the House 
of Representatives in that state, can vote for a 
member of the National House of Representatives. 


78 THE LEGISLATIVE DEPARTMENT. 

Qualifications. — Three qualifications, and only 
three, are required for a representative in Congress. 

1. He must be at least twenty-five years of age. 

2. He must have been seven years a citizen of the 

United States. 

3. He must, when elected, be an inhabitant of that 

state in which he shall be chosen. 

The Number of Representatives. — Every ten 
years after the census returns have been made, 
Congress provides by law for the number of 
representatives for the next ten years which each 
state shall be entitled to. It first determines how 
many members there shall be in the House, and 
it then apportions these members according to 
the population of the several states. The number 
of representatives for the different decades and 
the number of inhabitants for one representative 
during the last one hundred years have been as 
follows: — 


Period. 

No. of 

Ratio of 

Members. 

Population. 

1789-1793 

65 

— 

1793-1803 

105 

^ 33^000 

1803-1813 

141 

* 33,000 

1813-1823 

181 

35,000 

1823-1833 

212 

40,000 

1833-1843 

240 

47,700 

1843-1853 

223 

70,680 

1853-1863 

234 

93,500 

1863-1873 

241 

127,941 

1873-1883 

292 

130,533 

1883-1893 

325 

151,911 

1893-1903 

356 

173,902 


THE LEGISLATIVE DEPARTMENT. 79 

Sometimes the actual number of representa¬ 
tives has been greater than the number here given 
on account of the admission of new states. By 
the above table, it will be observed that at the 
present time the required number of inhabitants 
for one representative is 173,902, but every small 
state is entitled to one representative even if its 
population is less than the above number. 

Territorial Delegates. — Each organized ter¬ 
ritory is allowed by law of Congress to send one 
delegate to the House. He may participate in 
the discussions, but he is not allowed to vote. 

In the fifty-first Congress (1890), Washington, 
Montana, Dakota, Idaho, and Wyoming having 
been admitted as states, and Oklahoma organized 
as a territory, there were four territorial dele¬ 
gates. 

Officers.— 

‘'The House of Representatives shall choose their 
Speaker and other officers.” 

The Speaker is the presiding officer of the 
House. The Speaker is chosen from the mem¬ 
bers of the House and can vote on every question 
like any other member. The other officers of the 
House are: — 

1. Clerk. 3. Door-keeper. 

2. Sergeant-at-arms. 4. Postmaster. 

5. Chaplain. 


8 o 


THE LEGISLATIVE DEPARTMENT. 


At the organization of each new Congress, the 
clerk of the preceding House presides till a 
Speaker is chosen. 

Impeachment. — The House of Representa¬ 
tives has the sole power to impeach civil officers 
of the United States. When an officer is im¬ 
peached, the House brings impeachment, specify¬ 
ing the charges against him, before the Senate. 
The method of impeachment is as follows: the 
House appoints a committee to inquire into the 
conduct of the officer who has been charged with 
improper acts. If this committee reports in favor 
of impeachment, the House votes upon the ques¬ 
tion. If the majority vote that the officer shall 
be impeached, articles are prepared specifying the 
charges, and action is taken upon each article. 
Then a committee is appointed to conduct the 
prosecution before the Senate. It is noticeable 
that but few officers have ever been subject to im¬ 
peachment. Indeed, in one hundred years but 
seven cases of impeachment have occurred. They 
are as follows : — 

1. William Blount, Senator. 1799. Acquitted. 

2. John Pickering, Judge. 1803. Convicted and 

removed from office. 

3. Samuel Chase, Judge. 1804. Acquitted. 

4. James H. Peck, Judge. 1830. Acquitted. 

5. West H. Humphreys, Judge. 1862. Convicted 


THE LEGISLATIVE DEPARTMENT. 


8 l 


and disqualified from holding any office of 
honor, trust, or profit under the United States. 

6. Andrew Johnson, President. 1868. Acquitted. 

7. W. W. Belknap, Secretary of War. 1876. Ac¬ 

quitted. 

Thus it will be seen that of these seven cases 
of impeachment there have been only two con¬ 
victions, one of whom was simply removed from 
office, and the other was disqualified from holding 
office. 


Section III. —The Senate. 

The Senate consists of two members from each 
state. The peculiar composition of the Senate 
was occasioned by the natural jealousy which ex¬ 
isted between the states. It has already been 
seen that the several colonies became states, pre¬ 
serving their original boundaries. During the 
entire time of the Continental Congress all votes 
were taken by states, each state having but one 
vote. When the convention was framing the 
Constitution, the jealousy between the small 
states and the larger was strongly apparent. The 
larger states very naturally felt that they should 
have a stronger voice in legislative matters than 
the smaller states. On the other hand, the 
smaller states were unwilling to yield the equal 
power which had hitherto been accorded to them. 


82 


THE LEGISLATIVE DEPARTMENT. 


A compromise was effected by which the House 
of Representatives should be constituted upon a 
basis of population, and in the Senate the equality 
of the states should be retained. The Constitu¬ 
tion provides that, — 

“The Senate of the United States shall be composed 
of two senators from each state, chosen by the leg¬ 
islature thereto for six years; and each senator 
shall have one vote.” 

This clause contains four distinct provisions: — 

1. There shall be two senators from each state. 

2. They shall be chosen by the legislature of the 

state. 

3. They shall be chosen for the term of six years 

4. Each senator shall have one vote. 

Senators: how chosen. — In regard to the 
mode in which the legislatures are to choose the 
senators, the Constitution is silent. 

By an act of Congress passed July 25, 1866, it 
is provided that when the legislature of any state 
is to elect a senator in Congress, it shall proceed 
to the election of such senator on the second 
Tuesday after the organization of the legislature, 
and the election shall be conducted as follows : — 

Each house shall, by a viva voce vote, name a 
person for senator, and the name of the person 
who receives a majority vote shall be entered in 


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THE SENATE CHAMBER, WASHINGTON 





















































































































































THE LEGISLATIVE DEPARTMENT. 83 

the journal of the house. If the house fails to 
give such a majority to any person, that fact shall 
be entered on the journal. On the next day at 
twelve o’clock the members of the two houses 
shall convene in joint assembly, and the journal 
of each house shall be read, and if the same per¬ 
son has received a majority of all the votes in 
each house, he shall be declared fully elected 
senator. If no one has such a majority, the joint 
assembly shall choose, by a viva voce vote of each 
member present, a person for senator. The per¬ 
son having a majority of all the votes of the joint 
assembly shall be declared elected. If there is 
no election that day, the joint assembly shall 
meet at twelve o’clock on each succeeding day, 
and shall take at least one vote each day until 
a senator is elected. 

The senators are divided into three classes, 
and, as they are chosen for six years, one-third 
of the whole number is chosen every second 
year. The representatives are chosen for two 
years, which is the length of time covered by one 
Congress. Whenever a new Congress convenes, 
one-third of the senators are either new members, 
or have been re-elected for a new term. It will 
be observed, that as one-third of the senators go 
out of office every two years, the Senate is a 
continuous body; while the members of the 


84 


THE LEGISLATIVE DEPARTMENT, 


House are all swept off at once, and a new elec¬ 
tion brings in a new House every second year. 

Qualifications. — The qualifications of the 
senator are three : — 

1. He must be at least thirty years of age. 

2. He must have been nine years a citizen of the 

United States. 

3. He must, when elected, be an inhabitant of the 

state in which he is chosen. 

Presiding Officer. — It will be seen farther on, 
that the executive officer of the United States is 
the President. The Vice-President is chosen for 
the purpose of taking the place of the President 
when a vacancy in that office occurs; but unless 
some other duties were placed upon him, the 
Vice-President would have nothing to do so long 
as the President held his office; hence the con¬ 
vention determined to make him presiding officer 
of the Senate, which is done in the following 
clause: — 

“The Vice-President of the United States shall be 
president of the Senate, but shall have no vote 
unless they be equally divided.” 

The speaker of the House is a member of the 
House; but as the equality of the states is pre¬ 
served in the Senate, it would seem best to select 
the presiding officer from outside that body. 


THE LEGISLATIVE DEPARTMENT. 


85 


The Vice-President would be likely to be less 
partial as a presiding officer than a senator would 
be, since he is elected by the whole country and 
not by a single state. 

Officers of the Senate. — The Senate shall 
choose their officers, and also a President pro 
tempore, in the absence of the Vice-President, or 
when he shall exercise the office of President of 
the United States. The officers of the Senate 
are : — 

1. The Secretary. 4. Sergeant-at-arms. 

2. Chief Clerk. 5. Door-keeper. 

3. Executive Clerk. 6. Chaplain. 

The Trial of Impeachments. — When the 
Senate is to try an impeachment, it sits as a 
court, and every senator must be on oath or 
affirmation. 

“ When the President of the United States is tried the 
chief-justice shall preside, and no person shall be 
convicted without the concurrence of two-thirds of 
the members present. 

“Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualifi¬ 
cation to hold and enjoy any office of honor, trust, 
or profit under the United States; but the party 
convicted shall nevertheless be liable and subject 
to indictment, trial, judgment, and punishment, ac¬ 
cording to law.” 


86 


THE LEGISLAT/VE DEPARTMENT. 


Section IV. — Provisions relating to Both 
Houses of Congress. 

Sessions of Congress. — 

“The Congress shall assemble at least once in every 
year and such meeting shall be on the first Monday 
in December, unless they shall by law appoint a 
different day.” 

Although the new Congress comes into exist¬ 
ence on the fourth of March in each odd year, 
yet the first regular session will begin on the first 
Monday of December following. This first ses¬ 
sion may hold through an entire year, but if the 
business be completed Congress may adjourn at 
any time during the year. The second regular 
session begins on the first Monday of December 
following, and must close by the fourth of the 
next March, at which time the new Congress 
comes into existence. 

“ Each house is the judge of the elections, returns and 
qualifications of its own members, and a majority of 
each shall constitute a quorum to do business.” 

Each house also determines,— 

“ The rules of its proceedings, punishes its members for 
disorderly behavior and with the concurrence of 
two-thirds may expel a member.” 


THE LEGISLATIVE DEPARTMENT. 8/ 

Salary of Senators and Representatives. — 

The senators and representatives are paid out of 
the treasury of the United States. Congress has, 
from time to time, increased the compensation of 
its members from six dollars a day in the House, 
and seven dollars a day in the Senate, until, by 
a law passed in 1874, the compensation of each 
representative and each senator was fixed at five 
thousand dollars per annum. The pay of the 
Speaker of the House and of the Vice-President, 
or if there is none, the President of the Senate 
pro tempore, is eight thousand dollars per annum. 
In addition to his salary every member of either 
house is allowed mileage, in coming and going 
between his home and Congress, twenty cents 
per mile for every mile of travel by the usual 
route. 

“ All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose 
or concur with amendments as on other bills.’’ 

This clause is adopted from the custom of the 
British Parliament. There, revenue bills must 
originate in the House of Commons. There is 
very little necessity in our present circumstances 
for this restriction. Raising revenue is under¬ 
stood to be confined to levying taxes. It is the 
custom for the Senate to originate bills which 


88 


THE LEGISLATIVE DEPARTMENT. 


imply the raising of money, or which will require 
the raising of money, as for example, bills to estab¬ 
lish post-offices, the mint, to regulate the sale of 
public land, etc. 

Section V.—The Powers of Congress. 

We come now to the consideration of the 
powers vested by the Constitution in the Con¬ 
gress. It should be remembered that when the 
Constitution was framed, the controversy was 
sharp and spirited between those who favored be¬ 
stowing large powers upon the national govern¬ 
ment, and those who, fearing that evils would 
result from such a course, were strenuous in their 
belief that large powers should be retained by the 
governments and the people of the several states. 
In consequence of this controversy, the Constitu¬ 
tion defines somewhat minutely special subjects 
upon which Congress shall have power to legis¬ 
late. It does not, however, contain an exhaustive 
enumeration of the powers of Congress, and does 
not mean that Congress shall not legislate on 
any subjects not here enumerated. This is evi¬ 
dent from the fact that power is given to Con¬ 
gress 

“To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers 
and all other powers vested by this Constitution in 


THE LEGISLATIVE DEPARTMENT. 


the government of the United States, or in any de¬ 
partment, or officer thereof.” 

Elsewhere, the Constitution requires of Congress 
the exercise of powers not particularly mentioned; 
and in different places it implies that Congress 
must do certain things, which are not expressly 
provided for in the section specifying its particu¬ 
lar powers. 

The Constitution expressly enumerates the fol¬ 
lowing powers: — 

The Congress has power 

“To lay and collect taxes, duties, imposts, and excises 
to pay the debts and provide for the common de¬ 
fence and general welfare of the United States; 
but all duties, imposts, and excises shall be uniform 
throughout the United States.” 

This gives to Congress the power to levy taxes 
for three purposes : — 

1. To pay the public debt. 

2. To provide for the common defence. 

3. To provide for the general welfare. 

The general government may levy a tax in 
three ways : — 

1. A direct tax upon persons, which may be either 
a poll tax or a property tax. 

2. An indirect tax upon goods imported into the 
country from abroad. 


90 THE LEGTSLAT/VE DEPARTMENT. 

3. An indirect tax upon goods manufactured and 
used here. 

Previous to the civil war a direct tax had been 
laid but four times — in 1798, 1813, 1815, 1816. 
These taxes were levied upon lands, houses, and 
slaves. To pay the debt incurred in the civil 
war, direct taxes were again levied in 1861 and 
subsequently. 

Duties on Imports. — This government, during 
most of its existence, has been committed to the 
policy of laying duties on goods manufactured 
abroad and imported into this country. These 
duties on imports are of two kinds: — 

I. Specific duties. 2. Ad valorem duties. 

A specific duty is a tax levied on goods by 
weight, measure, or bulk; as, for example, a duty 
of fifty cents a yard on broadcloth, one dollar a 
ton on iron, or twenty cents a gallon on molasses. 

An ad valorem duty is levied according to the 
value or cost of the goods, as, ten per cent on 
iron, fifty per cent on the cost of brandy. These 
duties are collected under the direction of the 
treasury department. 

Naturalization. — Another power committed 
to Congress is, “ to establish a uniform rule of 
naturalization.” 


THE LEGISLATIVE DEPARTMENT. 91 

Naturalization is an act by which a foreigner, 
called an alien, becomes a citizen of the United 
States. Under the confederation, each state 
passed laws naturalizing aliens. 

It is to be noticed that there has been a con¬ 
stant growth of national power. At first the 
several states were unwilling to give up their 
power to the federal government. Through the 
whole history of the nation, the dividing line 
between political parties has been upon this prin¬ 
ciple. One party has favored large state rights, 
and a minimum national power. The other party 
has advocated a strong national power. Here is 
an illustration: The laws upon the subject of 
naturalization, and the qualifications requisite in 
the different states were so various, that confusion 
and controversy resulted. To remedy these evils 
the Constitution gives Congress full power over 
the subject of naturalization, so that the laws 
shall be uniform throughout all the states. An 
alien coming to this country from a foreign land 
must make application for citizenship; this is 
called his “ declaration of intention.” This decla¬ 
ration must be made at least two years before he 
can receive his naturalization papers. In this 
declaration he must declare on oath or affirma¬ 
tion that it is his intention to become a citizen of 
the United States, and to renounce all allegiance 


92 


THE LEGISLATIVE DEPARTMENT. 


to the government of which he is at the time or 
has been a subject. 

Before he can receive his naturalization papers 
he must have resided in this country at least five 
years. There is one exception to this law. By 
an act passed in 1862, a soldier of the age of 
twenty-one years and upward, regularly discharged 
from the army of the United States, may be ad¬ 
mitted to citizenship without a previous declara¬ 
tion of intention and with a single year’s residence. 
The children of a naturalized foreigner, who are 
under twenty-one years of age, residing in this 
country at the time the father received his 
naturalization papers, are considered citizens. 
The children of a citizen, who are born abroad, 
are citizens of the United States. 

When foreign territory has been incorporated 
into the Union, by treaty or otherwise. Congress 
has exercised the power of granting naturalization 
without previous residence. When territory is 
annexed to this country, the President and Senate 
have naturalized the inhabitants of such territory 
€71 masse. 

Bankruptcies. — The Congress also has power 
to make “ uniform laws on the subject of bank¬ 
ruptcies throughout the United States.” 

In England, the term bajikrupt is generally 
limited to traders who fail to pay their debts. 


THE LEGISLATIVE DEPARTMENT. 


93 


while the word insolvent was applied to those not 
paying their debts who were not engaged in trade. 
The general usage, however, in the United States, 
has been to make the words bankrupt and insol¬ 
vent synonymous. In reality, a person is insolvent 
when he cannot pay his debts. He becomes a 
bankrupt by legal proceedings under a bankrupt 
law. Congress has exercised this power to pass 
uniform laws on bankruptcies at three different 
times. The first bankrupt law was passed in 
1800, and repealed three years later. The second 
was passed in 1841, and repealed within two 
years. The third was in effect from 1867 to 
1878. No national bankrupt laws are in force 
now. It is held that if Congress does not exer¬ 
cise its power to pass a bankrupt law, the several 
states can do so. The state laws are usually 
termed insolvent laws. 

Coin Money. — The Congress has power, — 

‘‘To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures.” 

An Act of Congress passed in 1873 provided 
for the following coins: — 

I. Gold: The dollar piece; the two-dollar-and-a-half 
piece, or quarter-eagle ; the three-dollar piece ; the five- 
dollar piece, or half-eagle ; the ten-dollar piece, or eagle ; 
and the twenty-dollar piece, or double-eagle. 


94 


THE LEGISLAT/VE DEPARTMENT 


2. Silver: The dollar, half-dollar, quarter-dollar, and 
dime. 

3. The “ minor coins ” are the five-cent piece and 
three-cent piece and one-cent piece. Two-cent pieces 
ire not now coined. 

Weights and Measures. — This clause gives 
to Congress power “ to fix the standard of 
weights and measures.” It is proper that the 
standard of weights and measures should be con¬ 
nected with money. The price or value of any 
commodity is fixed in money terms; but this 
commodity is either weighed or measured, and, 
therefore, the power which coins the money 
should fix the standard of weights and measures. 
Our weights and our measures have come to us 
through the ancient usages of Great Britain. It 
appears strange that the world should not have 
earlier established a uniform system. That twelve 
inches should make a foot, and three feet a yard, 
and that five and a half of this denomination 
should make a rod, and that forty of this is- called 
a furlong, and that eight furlongs are a mile, is 
not complimentary to the civilization of our 
ancestors. 

We made a great gain when this government 
established our coins on the decimal system: ten 
cents make a dime, and ten dimes a dollar, and 
ten dollars an eagle. It will be a greater gain 


THE LEGISLATIVE DEPARTMENT. 


95 


when the metric system for all weights and meas¬ 
ures shall have come into universal use. The 
metric system has been legalized by an act of 
Congress ; but it is to be feared that the day is 
somewhat distant when it shall have come into 
general use in this country. 

Various Powers. — Congress has power,— 

“To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 
“To establish post-offices and post-roads.” 

Congress has power to grant copy rights to 
authors and patent rights to inventors. 

“To define and punish piracies and felonies committed 
on the high seas, and offences against the law of 
nations. 

“To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 
“To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than 
two years. 

“To make rules for the government and regulation of 
the land and naval forces.” 

The Sweeping Clause.^’ —The final clause, 
enumerating the powers conferred by the Con¬ 
stitution upon Congress, reads as follows: — 

“To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers. 


96 


THE LEGISLATIVE DEPARTMENT, 


and all other powers vested by this Constitution in 
the government of the United States, or in any de¬ 
partment or officer thereof.” 

This clause is what Patrick Henry called “ the 
sweeping clause,” by which, as he thought. Con¬ 
gress was to overthrow the states. Great op¬ 
position to this clause was manifested by the 
state-rights party during the time in which the 
Constitution was under discussion by the people 
and by state conventions prior to its adoption. 

Nothing is plainer than that the government 
has under this Constitution full national powers, 
and is limited only by the restrictions imposed by 
the Constitution itself. Judge Story says: “It 
would be almost impracticable, if it were not use¬ 
less, to enumerate the various instances in which 
Congress, in the progress of the government, has 
made use of incidental and implied means to ex¬ 
ecute its powers. They are almost infinitely 
varied in their ramifications and details.” 

Chief-Justice Marshall says: “A power vested 
carries with it all those incidental powers which 
are necessary to its complete and efficient execu¬ 
tion.” 

This principle has been acted upon by the 
general government from 1789 to the present 
day. 


THE LEGISLATIVE DEPARTMENT. 


97 


Section VI. — Restrictions upon the National 
Government. 

The Constitution provides, that the slave trade 
could be prohibited by the Congress after the 
year 1808. At that time a law of Congress went 
into effect imposing heavy penalties upon persons 
engaged in the slave trade. In 1820 the slave 
trade was declared to be “ piracy,” to be punished 
with death. 

Since the late civil war, our nation has happily 
been freed from the incubus of human slavery. 

The Constitution expressly prohibits any ex 
post facto law and any bill of attainder. 

It is also provided that direct taxes levied by 
the national government shall be in proportion 
to the population, and that no title of nobility 
shall be granted by the United States, and also 
that “No money shall be drawn from the treasury 
but in consequence of appropriations made by 
law.” 


Restrictions upon the States. 

It may also be stated just here that the Consti¬ 
tution places the following restrictions upon the 
several states:— 

I. No state shall enter into any treaty, alliance, or 
confederation. 


98 


THE LEGISLATIVE DEPARTMENT. 


2. Grant letters of marque and reprisal. 

3. Coin money. 

4. Emit bills of credit. 

5. Make anything but gold and silver coin a tender 
in payment of debts. 

6. Pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts. 

7. Or grant any title of nobility. 

Note. — Who can Vote. On page 77 it is stated, “Each state 
prescribes by law how the members of the state legislature shall be 
elected, and who shall have power to vote for such members.” 

Every state, either by its Constitution or its statutes, prescribes 
the limit of suffrage. In general, this limit has heretofore been 
what is called “ manhood suffrage ”; i.e. every male citizen, twenty- 
one years old, not a pauper or an idiot, could vote. Within a few 
years many states have extended the privilege of suffrage to women. 
The state of Wyoming gives the same political rights to women as 
to men. In Kansas women have municipal suffrage, and also, in 
unincorporated towns, the right to vote on the question of liquor 
licenses. In twenty-three states women have the right (more or less 
restricted in some states) to hold office in connection with the man¬ 
agement of public schools. Twenty states have conferred upon 
woman power to vote for school officers. In fifteen of these states 
a woman can both vote upon school questions and hold office. 
These fifteen states are as follows: Colorado, Massachusetts, Michi¬ 
gan, Minnesota, New Hampshire, New Jersey, New York, North 
Dakota, South Dakota, Idaho, Montana, Vermont, Washington, 
Wisconsin, Wyoming. 

The additional states giving women the right to vote upon 
school questions are the following: Indiana, Kansas, Kentucky, 
Nebraska, Oregon. 

Those additional where women can hold office are the following: 
California, Connecticut, Illinois, Iowa, Louisiana, Maine, Pennsyl¬ 
vania, Rhode Island. 



THE LEG/SLATIVE DEPARTMENT. 


99 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What are the purposes of the Constitution? 

2. Describe the growth of the national element. 

3. What advantages from having two houses of Congress? 

4. How are the representatives to Congress chosen? 

5. Qualifications. 

6. Number of representatives. 

7. Territorial delegates — how many? What for? 

8. Officers of the House — what are they and how chosen? 

9. Who is liable to impeachment, and how is impeachment 
brought about? 

10. Senators — how chosen? 

IT. Qualifications of senators. 

T2. Presiding officer in Senate and other officers. 

13. The trial of impeachments — how carried on? 

14. What is meant by a ‘‘session” of Congress? 

15. What is meant by a “ Congress ”? 

16. Are the salaries of senators and members of Congress 
the same ? Why should they be ? 

17. Tell us all about “national taxes.” 

18. Meaning of ad valorem and specific. 

19. Describe the process for becoming naturalized. 

20. Discriminate the meaning of the words “bankrupt” and 
“ insolvent.” 

21. What was Patrick Henry’s objection to the “sweeping 
clause ” ? 

22. Name some restrictions upon Congress. Where are they 
found in the Constitution ? Read in full the section. 

23. Name the restrictions here placed upon the several states. 
What section and article in the Constitution is this ? 


BLACKBOARD OUTLINE. 


THE EXECUTIVE DEPARTMENT. 

The President. | The Vice-President. 

How Elected. 


PRESIDENTIAL 

How many. 

How elected. 

When elected. 


ELECTORS. 

Vote when. 

Votes counted when. 
President inaugurated when. 


President’s Qualifications. 
President’s Duties. 


Presidential Succession. 
Executive Departments, 


lOO 






CHAPTER II. 


THE EXECUTIVE DEPARTMENT. 

In the natural order of things, we have con¬ 
sidered, first the legislative department of our 
national government. We now proceed to exam¬ 
ine the second great department, the executive 
power. This is treated of under the second article 
of the Constitution which begins as follows: — 

“ The executive power shall be vested in a President of 
the United States of America. He shall hold his 
office during the term of four years, and, together 
with the Vice-President, chosen for the same term, 
be elected as follows : ” 

By this clause we observe that,— 

1. The executive power is vested in one person. 

2. He is elected for the term of four years. 

3. The Vice-President is elected for the same term. 

The following is the list of the Presidents, with 
their terms of. office : — 

1. George Washington, two terms, 1789 to 1797. 

2. John Adams, one term, 1797 to 1801. 

3. Thomas Jefferson, two terms, 1801 to 1809. 

4. James Madison, two terms, 1809 to 1817. 

lOI 


102 


THE EXECUTIVE DEPARTMENT 


5. James Monroe, two terms, 1817 to 1825. 

6. John Quincy Adams, one term, 1825 to 1829. 

7. Andrew Jackson, two terms, 1829 to 1837. 

8. Martin Van Buren, one term, 1837 to 1841. 

9. William Henry Harrison, one month, 1841. 

10. John Tyler, three years and eleven months, 1841 

to- 1845. 

11. James K. Polk, one term, 1845 to 1849. 

12. Zachary Taylor, one year and four months, 1849 

to 1850. 

13. Millard Fillmore, two years and eight months, 

1850 to 1853. 

14. Franklin Pierce, one term, 1853 to 1857. 

15. James Buchanan, one term, 1857 to i86i. 

16. Abraham Lincoln, four years and one month, 

1861 to 1865. 

17. Andrew Johnson, three years and eleven months, 

1865 to 1869. 

18. Ulysses S. Grant, two terms, 1869 to 1877. 

19. Rutherford B. Hayes, one term, 1877 to 1881. 

20. James A. Garfield, four months, 1881. 

21. Chester A. Arthur, three years and eight months, 

1881 to 1885. 

22. Grover Cleveland, one term, from 1885 to 1889. 

23. Benjamin Harrison, from 1889 to — 

It will be seen by the above table that we have 
had twenty-two Presidents in one hundred years. 
Of these, seven have been elected for a second 
term. Four Vice-Presidents have succeeded to 
the presidency by the death of the President. 













































































































































































































































































































































































THE EXECUTIVE DEPARTMENT I03 

Presidential Electors. — The Constitution 
says that,— 

“ Each state shall appoint, in such manner as the legis¬ 
lature thereof may direct, a number of electors 
equal to the whole number of senators and repre¬ 
sentatives to which the state may be entitled in the 
Congress; but no senator or representative, or per¬ 
son holding an office of trust or profit under the 
United States, shall be appointed an elector.” 

The several points embodied in this clause are 
as follows : — 

1. The President is appointed by electors, and not 
by the immediate vote of the people. 

2. The number of electors in each state. 

3. Any person holding a United States office is 
prohibited from being an elector. 

It was thought by the framers of the Constitu¬ 
tion, that, if the direct choice of the President 
was taken from the people, and placed in the 
hands of electors chosen by the people, who would 
unquestionably be selected from the ablest and 
most trustworthy men of the nation, a wiser 
choice of President would be insured than if the 
people of the whole country were to vote directly 
for this officer. It was evidently the thought of 
the framers of the Constitution, that, after the 
electors had been appointed, they should meet 
and discuss the question and then determine for 


104 THE EXECUTIVE DEPARTMENT. 

whom their votes should be cast. The result, 
however, has proved that the election of Presi¬ 
dent is not left in the hands of the electors, but 
is, in reality, determined by the people when they 
elect the presidential electors. 

According to the custom which now prevails, 
the electors are practically pledged beforehand to 
vote for a certain candidate, who has been pre¬ 
viously nominated in a national convention of a 
political party. The electors therefore exercise 
no discretion in their vote. 

Number of Electors. — The number of elect¬ 
ors is determined by the Constitution. 

1. In the first place, each state is entitled to 
two electors corresponding to the equality of the 
states in the Senate. 

2. In addition to these two, the number of 
electors to which each state is entitled, is fixed 
in accordance with the population of the state. 
We have seen that Congress determines once in 
ten years the number of representatives to which 
each state is entitled in the Congress. Each 
state is then entitled to as many electors as it 
has representatives in Congress. The whole 
number of electors therefore for each state is 
equal to the whole number of representatives 
and senators which that state sends to the Con- 


THE EXECUTIVE DEPARTMENT. 105 

Time of choosing Electors. — The day for 

choosing the electors was fixed by an act of Con¬ 
gress, passed in 1845, as the Tuesday next after 
the first Monday in November. All the states 
choose their electors on the same day. The 
legislature of each state directs the manner in 
which these electors shall be elected. There 
have been heretofore four different modes of 
electing the electors : — 

1. By joint ballot of the state legislatures. 

2. By a concurrent vote of the two branches of the 
legislature. 

3. By the popular vote of the state on one joint ticket. 

4. By the people voting in districts. 

The method now adopted by all the states is 
that of the people of the whole state voting by 
general ticket. By this method the vote of no 
state is divided, but the entire state vote is 
counted for the electoral college as nominated by 
one party or another. 

Electors Vote. — In accordance with an act 
passed by Congress, February 3d, 1887, the elect¬ 
ors meet in their respective states on the second 
Monday in January, to give their votes for Presi¬ 
dent and Vice-President. 

The electors give separate votes for the Presi¬ 
dent and Vice-President by ballot. They then 
make three certificates of all the votes given. 


io6 


THE EXECUTIVE DEPARTMENT. 


These certificates they must sign and seal, and 
certify on each certificate that there is contained 
within a list of the votes of the electors of such a 
state (naming it), for President and Vice-Presi¬ 
dent. One of these certificates is delivered to 
the judge of the United States District Court for 
that district in which the electors are assembled. 
A second certificate is forwarded forthwith, by 
mail, to Washington, directed to the President 
of the Senate. The electors appoint a person as 
special messenger to take the third certificate, 
carry it to Washington and deliver it to the 
President of the Senate. This special messenger 
is paid a sum fixed by law, on the mileage princi¬ 
ple. The three certificates of the election of 
these electors are transmitted with the certificates 
of their votes. 

Votes Counted. — The votes for President 
and Vice-President are counted on the second 
Wednesday of February in the hall of the House 
of Representatives in presence of both houses of 
Congress, the President of the Senate presiding. 
On that day the Senate marches in a body from 
the senate chamber to the other wing of the 
Capitol, and enters the hall of the House, the 
members of the House standing to receive them. 
All being seated, the President of the Senate 
opens the certificates in the presence of the two 


THE EXECUTIVE DEPARTMENT. 107 

houses, and hands them to the tellers, previously 
appointed by the two houses respectively, who 
count the votes, state by state, in alphabetical 
order, beginning with the letter A, and each vote, 
together with the aggregate vote, is declared by 
the presiding officer. This method gives dignity 
and insures fairness in the proceeding. 

Election by the House. — In case no person 
receives a majority of the votes cast by the elect¬ 
ors for President, the choice of a President is 
referred to the House of Representatives. The 
House must immediately proceed to the election 
of President, and the members are restricted in 
their votes to the three highest candidates in the 
vote by the electors. In thus voting for the 
President, the vote must be taken by states, the 
representatives from each state having one vote. 
The vote cannot be taken except a quorum shall 
be present, and this quorum is determined by the 
Constitution to be one or more representatives 
present from two-thirds of the states. It is pos¬ 
sible that the House might be so divided as to 
be unable to elect any one of these three highest 
candidates. The Constitution provides for this 
emergency. The House must continue voting 
until the fourth day of March, when the session 
and the Congress expires. In case they make no 
choice prior to that date, then the Constitution 


io8 


THE EXECUTIVE DEPARTMENT. 


provides, that “ The Vice-President shall act as 
President, as in the case of death, or other consti¬ 
tutional disability of the President.” 

Vice-President elected by the Senate. — If 

there is no election of Vice-President by the 
electors, the Senate, immediately after the vote has 
been counted, — that is, on the second Wednesday 
in February, — proceeds to choose a Vice-Presi¬ 
dent. There must be a quorum present for this 
purpose; and the Constitution fixes that quorum 
as two-thirds of the whole number of senators, 
and a majority of the whole number shall be 
necessary to a choice. The senators must choose 
the Vice-President from the two highest numbers 
on the list voted for by the electors. 

As the Vice-President may become President, 
the Constitution wisely provides that, — 

“No person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President 
of the United States.” 

Qualifications. — The qualifications for Presi¬ 
dent are as follows : — 

1. He must be a native-born citizen. 

2. He must have attained to the age of thirty-five 
years. 

3. He must have been for fourteen years a resident 
within the United States. 


THE EXECUTIVE DEPARTMENT, I09 

No other qualifications than these three are 
fixed by the Constitution. The qualifications for 
the Vice-President are the same as for the Presi¬ 
dent. 

Observe the qualifications requisite for repre¬ 
sentatives to Congress, for senators, and for the 
President and Vice-President. 

1. A representative must be twenty-five years of age ; 
a senator, thirty; and a President or Vice-President, 
thirty-five. 

2. A representative must have been a citizen of the 
United States seven years; a senator, nine years; and 
a President or Vice-President must be native born. 

3. A representative must be an inhabitant of the 
state for which he is chosen; a senator the same; and 
a President must have resided within the United 
States fourteen years. 

The Vice-President. — So long as the Presi¬ 
dent performs the duties of his office, the Vice- 
President has no connection with the executive 
department, but is merely President of the Senate. 
In the case of the removal, resignation, or inability 
of the President, the Vice-President becomes Pres¬ 
ident for the remainder of the presidential term. 

The Vice-President has filled the presidential 
chair in four instances : — 

I. After the death of President Harrison, Vice-Presi¬ 
dent John Tyler filled the office of President from 1841 
to 1845. 


I lO 


THE EXECUTIVE DEPARTMENT. 


2. On the death of President Taylor, Millard Fillmore 
was President from 1850 to 1853. 

3. Andrew Johnson, after the death of Abraham Lin¬ 
coln, was President from 1865 to 1869. 

4. Chester A. Arthur succeeded to the presidency on 
the death of President Garfield, and held that office 
from 1881 to 1885. 

No Vice-President who had become President 
has died during his term of office. Congress has, 
however, by a law passed January, 1886, provided 
that in case of the removal, death, resignation, 
or inability of both the President and Vice-Presi¬ 
dent of the United States, the Secretary of State, 
if there be one, shall become President, and hold 
the office during the remainder of the presidential 
term of four years; and in case there is no Sec¬ 
retary of State, or in case of his removal, death, 
resignation, or inability, then the Secretary of the 
Treasury, and next in order the Secretary of War, 
the Attorney-General, the Postmaster-General, the 
Secretary of the Navy, and the Secretary of the 
Interior. 

If either of the foregoing officers does not have 
the three qualifications requisite for a President, 
he is not eligible to fill the vacancy, and the next 
officer in order who is eligible would become 
President for the remainder of the the term. 


THE EXECUTIVE DEPARTMENT 111 

Salary. — The salary of the President was 
originally fixed at twenty-five thousand dollars a 
year. Since 1873 it has been fifty thoysand dol¬ 
lars a year. The salary of the Vice-President is 
eight thousand dollars a year. 

The Powers of the President. — 

1. “The President shall be commander-in-chief of 
the army and navy of the United States and of the 
militia of the several states when called into actual 
service of the United States.” 

2. “He shall have power to grant reprieves and par¬ 
dons for offences against the United States, except in 
cases of impeachment.” 

3. He makes treaties with foreign nations with the 
advice and consent of the Senate. 

4. He appoints “ ambassadors, foreign ministers and 
consuls, judges of the Supreme Court, and all other 
officers of the United States whose appointments are 
not herein provided for, and which shall be established 
by law.” 

5. He has power to make temporary appointments 
of officers of the United States when vacancies happen 
during the recess of the Senate. 

Impeachment. —“The President, Vice-Presi¬ 
dent, and all civil oificers of the United States 
shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high 
crimes and misdemeanors.” 


I 12 


THE EXECUTIVE DEPARTMENT. 


Executive Departments. — The executive bus¬ 
iness of the government is divided among eight 
executive departments as follows : — 

1. The Department of State. 

2. The Department of the Treasury. 

3. The Department of War. 

4. The Department of the Navy. 

5. The Department of the Post-Office. 

6. The Department of the Interior. 

7. The Department of Justice. 

8. The Department of Agriculture. 

The Constitution places the full executive 
power in the hands of one man, the President. 
It makes no provision for the Cabinet; but it 
gives the President authority to “ require the 
opinion in writing of the principal officer in each 
of the executive departments upon any subject 
relating to the duties of their respective offices.” 
This implies that executive departments will be 
established so that the various and multiform 
duties pertaining to the executive work of the 
national government may be efficiently and 
systematically performed. The eight depart¬ 
ments just mentioned have been established by 
Congress, and several of them have been sub¬ 
divided into bureaus. The heads of all these 
departments are appointed by the President, by 
and with the advice and consent of the Senate. 


THE EXECUTIVE DEPARTMENT. II3 

The salaries of these officers are eight thousand 
dollars each per annum. 

The Department of State. — Originally this 
was styled the Department of Foreign Affairs. 
The Secretary of State is generally considered 
the highest officer in rank of the executive de¬ 
partments under the President. It is his duty to 
keep the seal of the United States, and to affix it 
to all commissions granted by the President. He 
issues all proclamations in the name of the Presi¬ 
dent, and furnishes copies of papers and records 
of his office when required. 

He keeps the correspondence with foreign 
powers and preserves the original of all laws, 
public documents and treaties with foreign 
nations. It is his duty to conduct the corre¬ 
spondence with our ministers and consuls to other 
countries, with foreign ministers accredited to our 
government, and in general he has charge of mat¬ 
ters pertaining to our foreign relations. He issues 
passports to our citizens visiting foreign countries, 
and warrants for the extradition of criminals to be 
delivered up to foreign governments. 

The Department of State has a diplomatic 
bureau, a consular bureau and a domestic bureau. 

Public Ministers and Consuls. — All persons 
who are sent abroad to represent our government 
are connected with the Department of State. 


114 THE EXECUTIVE DEPARTMENT 

The different ranks of our ministers are as 
follows: — 

1. Ambassadors. 

2. Envoys Extraordinary and Ministers Plenipoten¬ 
tiary. 

3. Ministers Resident. 

4. Charges d' AffaHes. 

5. Secretaries of Legation. 

The Ambassador and the Envoy Extraordi¬ 
nary, and Ministers Plenipotentiary have the 
same pay and appear to be of the same rank. 
Strictly speaking, we never send ambassadors to 
foreign governments. The salaries of our foreign 
ministers range from ten thousand dollars to 
seventeen thousand five hundred dollars a year. 

Charges d'Affaires receive five thousand dollars 
each. The Secretary of Legation is the clerk to 
the Eoreign Embassy. Consuls are not diplo¬ 
matic agents of our government, but are com¬ 
mercial agents residing abroad, whose duty it is 
to watch over the interests of our commerce and 
of our citizens, in the ports of the different coun¬ 
tries. They are charged also with protecting the 
rights of our seamen. The salaries of Consuls- 
General and commercial agents range from one 
thousand dollars to six thousand dollars per 
annum. Many consuls are paid principally by 
fees. 



THK NEW STATE, WAR, AND NAVY BUILDING 















































































































































































































































































































































































































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THE EXECUTIVE DEPARTMENT. I 15 

The Treasury Department. — Of late years 
the importance of this department has gradually 
increased. During the Civil War the govern¬ 
ment issued bank bills, termed “ greenbacks,” 
and established a system of national banks, which 
have increased materially the number of officers 
and employees in this department. Under the 
Secretary of the Treasury are the following 
officers : — 

1. The Comptroller, 

2. Auditor. 

3. Treasurer. 

4. Register. 

5. Assistant Secretary. 

This department has charge of the revenue, 
superintends its collection, grants warrants for 
money to be issued from the treasury, in pursu¬ 
ance of appropriations made by law, and gener¬ 
ally performs all needful services relative to the 
finances of our country. In the Treasury Depart¬ 
ment are the following bureaus: — 

1. The Bureau of the First Comptroller. 

2. The Bureau of the Second Comptroller. 

3. The Bureau of the First Auditor. 

4. The Bureau of the Second Auditor. 

5. The Bureau of the Third Auditor. 

6. The Bureau of the Fourth Auditor. 

7. The Bureau of the Fifth Auditor. 

8. The Bureau of the Sixth Auditor. 


THE EXECUTIVE DEPARTMENT. 


Il6 


9. Treasurer. 

10. Register. 

11. Commissioner of Customs. 

12. Comptroller of Currency. 

13. Commissioner of Internal Revenue. 

14. Bureau of Statistics. 

15. The Mint. 

16. Bureau of Engraving and Printing. 

Coast Survey. — The office of the Coast Sur¬ 
vey is connected with the Treasury Department. 
This office prepares charts from actual surveys 
of the seacoast of the United States. The sur¬ 
veys of the Great Lakes are under the control of 
the War Department. 

Light-Houses. — The light-houses of the 
United States were formerly under the control 
of the Treasury Department, but for nearly forty 
years past have been committed “ to the Light- 
House Board of the United States.” This board 
consists of three officers of the army, three of the 
navy, and two civilians noted for their scientific 
attainments, with the Secretary of the Treasury 
president of the board ex officio. This board has 
in charge between one thousand and two thou¬ 
sand light-houses, besides light-vessels, beacons 
and buoys innumerable. 

Under this department also is the Supervising 
Architect, who has general charge of the plans 
and construction of all United States buildings, 


THE EXECUTIVE DEPARTMENT. 117 

such as custom-houses, court-houses, post-offices, 
etc. 

The War Department. — This department has 
various subdivisions as follows : — 

1. The Office of Adjutant-General. 

2. The Office of the Quartermaster-General. 

3. The Office of the Commissary-General. 

4. The Office of the Paymaster-General. 

5. The Office of the Chief of Engineers. 

6. The Ordnance Office. 

7. The Signal Office. 

8. The Bureau of Military Justice. 

The Bureau of Military Justice is in charge of 
an officer with the rank of a Brigadier-General, 
called a Judge-Advocate-General. Under this 
department is the United States Military Acad¬ 
emy at West Point. This school was estab¬ 
lished for the education of officers for the army. 

West Point. — The students are termed cadets, 
and number between three and four hundred. 
They are appointed as follows: One from each 
congressional district, one from each of the 
organized territories, one from the District of 
Columbia, and ten from the United States at 
large. These are all appointed by the President, 
but each member of the national House of Rep¬ 
resentatives nominates the candidate for his dis¬ 
trict. The President appoints the ten candidates 



iiS 


THE EXECUTIVE DEPARTMENT. 


at large. Candidates for appointment must not 
be less than seventeen nor more than twenty-two 
years of age, and they are expected to serve in 
the army eight years, unless sooner discharged. 

The examination for admission to West Point 
is careful and accurate upon the elements of a 
good education. In arithmetic, geography, Eng¬ 
lish grammar, reading, writing, spelling, and the 
history of the United States, thoroughness and 
accuracy are required. 

It has become customary of late for congress¬ 
men to hold competitive examinations, and to 
nominate for vacant positions at West Point 
those who have passed the best examinations in 
respect to mental qualifications and scholarship, 
with good physical health, strength, and develop¬ 
ment. 

The superintendent and principal members of 
the faculty are regular officers in the army. 

Each cadet receives an allowance during his 
term of study sufficient to pay his necessary 
expenses for clothing, board, etc. The entire 
expense of the academy is met by the United 
States government. Congress makes annually 
for this purpose an appropriation of three hun¬ 
dred thousand dollars or more. 

The Department of the Navy. — This depart¬ 
ment is divided into eight bureaus, as follows: — 


THE EXECUTIVE DEPARTMENT. 


19 


1. The Bureau of Yards and Docks. 

2. The Bureau of Equipment and Recruiting. 

3. The Bureau of Navigation. 

4. The Bureau of Ordnance. 

5. The Bureau of Medicine and Surgery. 

6. The Bureau of Provisions and Clothing. 

7. The Bureau of Steam Engineering. 

8. The Bureau of Construction and Repairs. 

Naval Academy. — Under the charge of this 
department is maintained, at Annapolis, Md., a 
naval academy similar to the military academy at 
West Point. To enter this academy as cadet- 
midshipman, the student must not be less than 
fourteen, nor more than eighteen, years of age. 
The same number is allowed as at West Point, 
and by the same method of appointment. The 
course of study embraces six years, and the student 
on graduating becomes midshipman, subject to 
promotion as vacancies occur. This academy re¬ 
quires an annual appropriation from the govern¬ 
ment of two hundred thousand dollars or more. 

The Department of the Post-Office. — Proba¬ 
bly this is the oldest department under our gov¬ 
ernment. Prior to the Revolution the British 
government had established a system of. mails 
through these colonies, and Dr. Benjamin Frank¬ 
lin was the superintendent of this system. In 
July, 1775, only a month later than the battle of 


120 


THE EXECUTIVE DEPARTMENT, 


Bunker Hill, Doctor Franklin received from the 
Second Continental Congress the appointment of 
Postmaster-General of the United Colonies. 

In September, 1789, the first Congress under 
the Constitution made provision for the establish¬ 
ment of the post-office system, and appointed a 
Postmaster-General. As a matter of fact, the 
Federal government never passed an act estab¬ 
lishing the Post-Office Department. It was as¬ 
sumed to be in existence, and various acts were 
passed for regulating its management. There 
are three assistant postmasters-general: The 
first assistant is in charge of the Appointment 
Office, the second of the Contract Office, the third 
of the Finance Office. There is also a Superin¬ 
tendent of Foreign Mails. 

The chief officer of the Money-Order Bureau is 
styled the Superintendent of the Money-Order 
System. 

It will readily appear that great care, prompt¬ 
ness, and accuracy is needed in assorting mail- 
matter and preparing it for delivery. Especially 
is this true of the principal lines of railroads 
leading to large cities; for example, between New 
Haven and New York, or between Philadelphia 
and New York; and a large number of mail- 
agents are required in the mail-cars, whose busi¬ 
ness it is to assort the mail-matter, and deposit it 


THE EXECUTIVE DEPARTMENT. 


I2I 


in proper pouches, carefully marked, so that on 
arrival at New York the matter can at once be 
placed in the proper boxes in the post-office and 
delivered with the least possible loss of time. 

Distributing Offices. — Formerly, in all large 
cities, there was a distributing post-office. Into 
this department the mail-pouches had to be 
brought from all directions, which contained mat¬ 
ter to be forwarded to distant points. All this 
matter had to be overhauled, arranged, and put 
into the proper pouches for further transportation; 
for example, at New York, mail-matter from New 
England, designed for the South and West, would 
be all poured out upon large tables, assorted, di¬ 
vided, and thrown into proper pockets for carrying 
to Philadelphia, Harrisburg, Baltimore, Washing¬ 
ton, etc.; while at the same time, and at the same 
distributing office, would be received the mails 
from the South and West, to be overhauled in 
like manner, and forwarded to the East. 

Much time was consumed by this frequent 
change and examination of mail-matter. Time 
has now become so important a factor in the 
transaction of business that every facility must 
be employed for the rapidity of transmission. 
Hence most of the distributing offices have been 
abolished, and mail-pouches are now made up in 
Boston, New York, Philadelphia, and all large 


122 


THE EXECUTIVE DEPARTMENT 


cities, to be forwarded through to the most dis¬ 
tant points, like San Francisco, Portland, Mon¬ 
treal, and Quebec. 

Cheap Postage. — Formerly, but within the 
recollection of persons now living, it cost five 
cents to transmit an ordinary letter to any post- 
office within thirty miles, ten cents for a longer 
distance, and from that up to twenty-five cents 
across the continent. 

All postage was then paid by the receiver at 
the end of the route. Fifty years ago there was 
no prepayment of postage, and more than forty 
years ago a law was passed by Congress estab¬ 
lishing the postage of a single letter at three 
cents for any distance within our country, pro¬ 
vided the sender should pay the postage; if not 
prepaid, the postage should be five cents. 

In this way people became accustomed to pre¬ 
paying postage, so that after a few years another 
act was passed by Congress, requiring prepay¬ 
ment of postage on all letters, establishing the 
rate at three cents for an ordinary letter without 
regard to distance. At the present time the 
postage on letters not exceeding an ounce in 
weight is two cents to any part of our country, 
and including the British Provinces of North 
America. 

Some years ago a postal league was entered 



THE EXECUTIVE DEPARTMENT 123 

into by the principal civilized nations of the earth, 
establishing the uniform rate of five cents as the 
postage for all letters, of proper weight, from any 
one of the countries within the postal league to 
any other. 

The experiment of cheap postage, which was 
first introduced into Great Britain, a generation 
or more ago, has proved entirely successful. In 
that country the contest for this improvement 
was severe and protracted. Rowland Hill and 
others devoted themselves with great energy to 
the philanthropic enterprise of bringing about 
this much-needed reform. 

When the reduction of rates had proved suc¬ 
cessful in the mother country, it was quickly 
introduced by our government, and from time to 
time, as the rate of postage has been diminished, 
it has been found that the receipts of the Post- 
Office Department have increased. At the present 
time the Post-Office Department more than pays 
for itself, excepting in the more sparsely popu¬ 
lated districts of some sections of our country. 

The Department of the Interior. — This de¬ 
partment was established in 1849. Under it 
are: — 

1. The Patent Office. 

2. The Pension Office. 

3. The Land Office. 


124 


THE EXECUTIVE DEPARTMENT. 


4. The Science Bureau. 

5. The Bureau of Indian Affairs. 

6. The Bureau of Education. 

The business of the Patent Office is conducted 
under the direction and control of the Commis¬ 
sioner of Patents, who receives applications and 
superintends the granting and issuing of patents 
in accordance with the various acts of Congress 
passed at different times on this subject. The 
business of the office is to grant letters-patent to 

“ inventors or discoverers of any new or useful art, ma¬ 
chine, manufacture or composition of matter, or 
any new and useful improvement on such, which 
had previously been unknown, and which had not 
been used by others, and which had not been on 
sale or in public use for more than two years prior 
to the application for a patent.” 

The Patent Office employs many clerks called 
examiners, who investigate the claims of every 
invention for which a patent is solicited. The 
patent itself is the official document issued in the 
name of the United States, and is granted for 
the period of seventeen years. Its actual cost is 
thirt} dollars. 

Each article offered for sale by the patentee 
must have stamped upon it the word “ patent ” 
with the date when the patent was issued. 




































































































































































































































































































































































































































THE EXECUTIVE DEPARTMENT. 125 

The Pension Office. — Since the Civil War, this 
office has grown to gigantic proportions. It has 
in charge the entire matter of granting pensions 
and keeping the accounts thereof in accordance 
with the laws passed by Congress at different 
times upon this subject. The Pension Office in 
Washington is an immense building, filled with 
clerks who are constantly employed in keeping 
the records and attending to the accounts of pen¬ 
sions and pensioners. The business of this office 
has grown from year to year, and the amount of 
money disbursed by it has increased, until, at the 
present time, the aggregate amount of pensions 
paid is in the neighborhood of one hundred mil¬ 
lion dollars a year. 

The Land Office. — The chief officer of this 
bureau is styled the Commissioner of the General 
Land Office. Under the commissioner are the 
following officers: — 

1. Surveyors-General. 

2. Registers of Land Offices. 

3. Receivers of Land Offices. 

Many years ago the United States adopted a 
system of survey for the public lands. This sys¬ 
tem provides that the immense tracts of western 
lands belonging to the United States government 
should be divided into ranges, townships, sec- 


126 


THE EXECUTIVE DEPARTMENT. 


tions, and fractions of sections. The ranges are 
bounded by meridian lines six miles apart, and 
are numbered from a standard or principal meri¬ 
dian east and west. These ranges are divided 
into townships of six miles square, and numbered 
from a given parallel north and south. 

The townships are divided into thirty-six sec¬ 
tions, each one mile square, and hence embrac¬ 
ing six hundred and forty acres. These sections 
are divided, as may be needed, into halves, quar¬ 
ters, eighths, and in some cases sixteenths. The 
sections in a township are numbered as indicated 
in the following diagram : — 


6 

5 

4 

3 

2 

I 

7 

8 

9 

10 

11 

12 

i8 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


This system of marking the division of lands makes 
the description of any individual tract very simple. 













THE EXECUTIVE DEPARTMENT. 


127 


If one should purchase a section, the deed 
would specify the number of the section, — in 
such a township and such a range; or if a quar¬ 
ter-section were purchased, the description might 
be as follows : — 

The northeast quarter of section twenty-four, 
township seventeen north, range nine east of 
third principal meridian. The government sells 
this land and issues a patent, which is signed by 
a secretary appointed by the President, and also 
signed by a proper recorder of the land office. 

The quarter-section is one hundred and sixty 
acres. These quarter-sections are divided into 
lots of forty acres each. If one lot was sold, it 
would be indicated as follows: — 

The northwest quarter of northeast quarter of 
section seventeen. 




B 

A 



C 

D 










Section 17. 


In the above diagram the description just given 
applies to lot B. 











128, 


THE EXECUTIVE DEPARTMENT. 


The Bureau of Indian Affairs. — This bureau, 
established in 1832, is in charge of a Commis¬ 
sioner of Indian Affairs, and has the management 
of all matters arising out of the relation of the 
government to the Indians. It cares for, pays to, 
or expends for, their benefit, all moneys due on 
account of lands ceded by Indians to the national 
government; looks after their interests in lands 
reserved; has begun the work of allotting and 
patenting a certain portion to each member of 
the tribe individually; preserves order upon In¬ 
dian reservations through Indian police and 
Indian courts; employs agents, farmers, and 
mechanics to live among the Indians and teach 
them the occupations and customs of civilized 
life; assists the Indians in building houses,.open¬ 
ing farms, and getting a start in civilization; and 
educates their children. 

Indian Schools. —On Indian reservations are 
many day schools; but as a rule, Indian children 
are educated in industrial boarding schools. 
Most of these are on reservations; but the gov¬ 
ernment supports also large schools off reserva¬ 
tions among white communities, where the pupils 
have special opportunities for acquiring civilized 
habits and customs. In addition to these schools, 
which are wholly sustained by the government, 
the Indian Office makes contracts for the educa- 


THE EXECUTIVE DEPARTMENT. 


129 


tion of Indian youth in various private or denom¬ 
inational schools. The work of the Indian Bureau, 
and especially of the Indian schools, is growing in 
importance and in public interest. Many think 
that all tribal relations should cease, and that the 
Indians should be treated as individuals, the same 
as all other races are treated. 

The Bureau of Education. — This bureau was 
established by Congress nearly twenty-five years 
ago for the purpose of collecting statistics relat¬ 
ing to educational matters in the different states 
and territories of the Union, and of promoting 
the progress of education throughout the nation. 
It is especially designed as a central medium of 
communication on educational subjects between 
the various states of the Union and between 
this country and foreign nations. It is placed in 
charge of an officer styled the United States 
Commissioner of Education. This bureau has 
proved itself of great educational value to the 
country. 

The Department of Justice. — The office of 
Attorney-General was created by the first Con¬ 
gress in 1789, but the Department of Justice was 
not established until 1870. This officer, however, 
has always been recognized as a member of the 
Cabinet. Under the Attorney-General are: — 


130 


THE EXECUTIVE DEPARTMENT. 


1. The Solicitor-General. 

2. An Assistant Attorney-General. 

3. An Assistant Attorney-General for the Court of 

Claims. 

4. An Assistant Attorney-General in the Department 

of the Interior. 

5. An Assistant Attorney-General in the Post-Office 

Department. 

6. A Solicitor of Internal Revenue. 

7. Naval Solicitor. 

8. Examiner of Claims. 

9. Solicitor of the Treasury. 

10. An Assistant Solicitor. 

All of these officers are appointed by the 
President and Senate. Besides these officers, in 
this department are employed many persons as 
clerks, copyists, etc. 

Money and Banking. — We have already con¬ 
sidered the coins of our country. Our money 
system is bi-metallic, both gold and silver coins 
being legal tender. The gold and silver coins 
are the ordinary and legitimate legal tender in 
payment of debts. This is customary among the 
nations generally. 

The rapid growth of our country, with the cor¬ 
responding increase of business and population, 
has made it impossible for us to secure a sufficient 
amount of coin to carry on the necessary business 
of the country. Moreover, bank bills are far 


THE EXECUTIVE DEPARTMENT. 131 

more convenient than either gold or silver for 
large business transactions. 

Banks were early established under charters 
from the various states. This is not prohibited 
by the Constitution. Prior to the Civil War, the 
bank notes issued by the various state banks in all 
parts of the country amounted to a very large 
sum, and were an important aid in carrying for¬ 
ward the immense business of the country. 

The exigencies of the times during the Civil 
War, especially the need for very large sums of 
money by the government to carry on the war, 
gave occasion for new legislation by the national 
government upon this subject. 

In 1864 a bill was passed by Congress, provid¬ 
ing for a bureau of currency in the Treasury 
Department under the direction of an officer 
called the Comptroller. This bill provides that 
national banks may be formed by voluntary asso¬ 
ciations, with power to issue bills, receive deposits, 
loan money, and perform the ordinary functions 
of banks. 

A year or two later Congress passed another 
act, levying a tax of ten per cent upon all notes 
issued by state banks used for circulation after 
August I, 1866. Practically, this, of course, ex¬ 
cluded the bills of the state banks from circulation, 
so that nearly all of those banks throughout the 


132 THE EXECUTIVE DEPARTMEMT. 

country either closed their business, or transferred 
it to national banks, which were formed to take 
the place of the old state banks. 

Treasury Notes. — During the war the gov^ 
ernment issued a paper currency, usually denomi¬ 
nated treasury notes, or, as they were called in 
common language, “ greenbacks,” from the cir¬ 
cumstance that the engraved back of the note 
was printed in green ink. The government 
made these greenbacks legal tender in payment 
of debts, and paid them out from time to time for 
army supplies, soldiers’ pay, and other current 
expenses. 

Large amounts of these greenbacks continued 
to circulate throughout the country with a some¬ 
what uncertain and fluctuating value until 1879, 
when the government began to redeem them in 
gold at par. Since then their circulation has 
been continued on a par value with gold and the 
national bank notes. The government, however, 
has redeemed and retired them to such an extent 
that the amount in circulation is now very small. 
It will thus be seen that the Treasury Depart¬ 
ment of government acts in some sense as a 
bank of issue. It does not loan the money as 
other banks do, but pays out its bills for current 
expenses. 

The Constitution provides that the national 


THE EXECUTIVE DEPARTMENT. 133 

government shall absolutely control the coinage 
of money. It prohibits the states severally from 
making anything but gold and silver coin a legal 
tender in payment of debts, and now, by bringing 
into operation this system of national banks, 
which has proved so eminently successful, our 
federal government, as it would appear, has 
established the principle that all forms of money 
and currency should be under its control. 

The Department of Agriculture. — This 
department was formerly a bureau under the 
Department of the Interior. By a recent Act of 
Congress, on account of its growing importance 
and the rapidly increasing value of its work, it 
has been made into a distinct department, under 
the direction of a chief officer styled the Secretary 
of Agriculture, who is a member of the Presi¬ 
dent’s Cabinet. 


^34 


THE EXECUTIVE DEPARTMENT. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Qualifications for President and Vice-President. 

2. When are presidential electors elected? 

3. Who can vote for presidential electors? 

4. When do the presidential electors cast their votes? 

5. When, where, and how are their votes counted? 

6. When does the President take his seat, and what is the 
length of his term of office ? 

7. Describe the new law for the presidential succession. 

8. Enumerate the powers and duties of the President. 

9. What is the President’s salary? 

10. How are treaties made with foreign nations? 

11. How do the qualifications for representative, senator, 
and President differ? 

12. If there is no choice for the President by the vote of 
the electors, how is the President to be chosen? 

13. If the electors make no choice for Vice-President, how 
is the Vice-President to be chosen? 

14. How can a President be removed? 

15. What officers constitute the President’s Cabinet? 

16. Write out in order the executive departments, and give 
the official title for the chief officer in these several depart¬ 
ments. 

17. Name the principal duties of the Secretary of State. 

18. Give some account of our ministers to foreign govern¬ 
ments. 

19. Give a brief account of the Military Academy at West 
Point. 

20. Of the Naval Academy at Annapolis. 


THE EXECUTIVE DEPARTMENT. 


35 


2T. Write an account of the national system of surveying 
and plotting public land. 

2 2. Give some account of the Post-Office Department. 

23. Of money and banking. 

24. How is mail matter transported and distributed? 

25. Give some account of the bureau of Indian affairs. 

26. The Bureau of Education. 

27. The Pension Office. 


BLACKBOARD OUTLINE. 


THE JUDICIAL DEPARTMENT. 

I. The Supreme Court. | 2. The Circuit Court. 

3. The District Court. 

SPECIAL COURTS. 

1. Court of Claims. 

2. Supreme Court of the District of Columbia. 

3. Supreme Courts in the Territories. 

4. District Courts in the Territories. 



CHAPTER III. 


THE JUDICIAL DEPARTMENT. 

The Constitution provides that there shall be 
“ one Supreme Court and such inferior courts as 
Congress may from time to time ordain and 
establish.” In accordance therewith, Congress 
has established the following system of United 
States courts: — 

1. The Supreme Court. 

2. The Circuit Court. 

3. The District Court.^ 

Besides these there are : — 

1. Court of Claims, established in 1855. 

2. Supreme Court of the District of Columbia. 

3. Supreme Courts in the Territories. 

4. District Courts in the Territories. 

The Supreme Court at the present time con¬ 
sists of a Chief Justice and eight associate jus¬ 
tices. These nine justices correspond to the num¬ 
ber of circuits, and one of them is assigned to 
each circuit. There are nine Circuit Courts, with 
nine judges of these courts. Appeals may be 
taken from’ the Circuit Court to the Supreme 
Court. The Circuit Courts are presided over by a 

1 In 1891 Congress established a new court, called the Circuit Court of 
Appeals, with circuits and judges corresponding to the Circuit Court. 

137 


138 THE JUDICIAL DEPARTMENT. 

Circuit Judge, a District Judge, a Justice of the 
Supreme Court, or any two of them. These Cir¬ 
cuit Courts are again divided into districts, every 
state having at least one District Court. Some of 
the larger states are divided into two or more 
districts. 

The salaries of the district judges vary from 
thirty-five hundred dollars to five thousand dol¬ 
lars. The judges of the Circuit Courts receive a 
salary of six thousand dollars. The associate 
justices of the Supreme Courts have a salary of ten 
thousand dollars; and the Chief Justice of this 
court receives ten thousand five hundred dollars. 

Only certain kinds of cases can be brought 
before the United States courts. These courts 
have jurisdiction in the following cases: — 

1. All cases in law and equity arising under the Con¬ 
stitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority. 

2. All cases affecting ambassadors, other public 
ministers, and consuls. 

3. All cases of admiralty and maritime jurisdiction. 

4. Controversies to which the United States shall be 
a party. 

5. Controversies between two or more states. 

6. Controversies between a state and the citizens of 
another state. 

7. Controversies between citizens of different states. 

8. Controversies between citizens of the same state, 
claiming lands under grants of different states. 


THE JUDICIAL DEPARTMENT. 139 

9. Controversies between a state or the citizens 
thereof and foreign states, citizens, or subjects. 

The judicial power of the United States is here 
extended to controversies between a state and 
citizens of another state. This clause gave much 
discussion at the time the Constitution was 
adopted, and the states were unwilling to be 
subjected to lawsuits brought in the federal 
courts by citizens of other states. Accordingly, 
an amendment to the Constitution was proposed, 
and , on the 8th of January, 1798, the President 
announced to the Congress that the amendment 
had been adopted by three-fourths of the states, 
and was, therefore, a part of the Constitution. 
This constitutes the eleventh of the amendments, 
and is as follows : — 

“The judicial power of the United States shall not be 
construed to extend to any suit in law, commenced 
or prosecuted against one of the United States by 
citizens of another state, or by citizens or subjects 
of any foreign state.” 

Such cases must be brought before the state 
courts. 

The Constitution provided that whether in the 
United States courts or in the courts of any state 

“The trial of any crimes, except in cases of impeach¬ 
ment, shall be by jury; and such trials shall be 
held in the state where the said crimes shall have 


140 THE JUDICIAL DEPARTMENT. 

been committed; but when not committed within 
any state the trial shall be at such place or places 
as Congress may by law have directed.” 

A jury consists of twelve men, selected accord¬ 
ing to law, to determine matters of fact in a legal 
trial. The right of trial by a jury of one’s peers 
was a right highly esteemed by the people of 
Great Britain, which they a long time ago com¬ 
pelled their king to yield to them. This right is 
here made a part of the Constitution of our coun¬ 
try, and although not yielding all the good fruit 
which might be desired, yet is considered as one 
of the guaranties of a fair trial to any one accused 
of crime. 

This clause provides that all trials for crime 
shall be held in the state where such crime has 
been committed. 

Treason.— 

Treason against the United States shall consist only 
in levying war against them, or in adhering to their 
enemies, giving them aid and comfort No person 
shall be convicted of treason unless on the testi¬ 
mony of two witnesses to the same overt act, or on 
confession in open court.” 

This clause defines treason as consisting of 
only two things : — 

I. In levying war against the United States. 


THE JUDICIAL DEPARTMENT. 141 

2 . In adhering to their enemies, giving them aid and 
comfort, and it provides that, 

“No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, 
or on confession in open court.” 

“ The Congress shall have the power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted.” 

The terms here used refer to an English cus¬ 
tom. The old English law provided certain con¬ 
sequences as to the mode of execution of one who 
had been convicted of treason. He was to be 
put to death in a cruel manner, and his conviction 
involved what was called attainder, and this worked 
corruption of blood, or forfeiture. 

There was no judgment of attainder, but the 
attainder was incident to the conviction as a mat¬ 
ter of course. This attainder, as a natural conse¬ 
quence, was supposed to include corruption of 
blood, or forfeiture. His property of every kind 
was forfeited. His children could not inherit 
property from his ancestors through him. What 
was termed “ corruption of blood ” destroyed the 
power to inherit property. 

Our Constitution prescribes that the offender 
himself shall bear the punishment. It shall not 
descend to his children. There may be forfeiture. 


142 THE JUDICIAL DEPARTMENT. 

but this is rather in the nature of a fine, made at 
his conviction. This clause does not mean that 
the forfeiture shall extend only during the life of 
the person. The forfeiture or fine once made, of 
course the property or fine goes to the govern¬ 
ment permanently and not temporarily. 


THE JUDICIAL DEPARTMENT. 


143 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Describe the organization of the Supreme Court of the 
United States. 

2. What is the salary of the justices ? 

3. Describe the United States Circuit Courts. 

4. Who may preside in a Circuit Court? 

5. Describe the District Courts. 

6. Name the salary of a judge of the Circuit Court. 

7. What are the limits of the salary of the district judges? 

8. What cases may be brought before the United States 
District Courts? 

9. Circuit Courts? 

10. The Supreme Court? 

11. What courts try ordinary cases of crime, and suits be¬ 
tween citizens of any one state ? 

12. Should a crime be committed in a post-office building, 
or a custom-house building owned by the United States, in 
what court would the case be tried ? 

13. Discuss the question of “trial by jury.” 


BLACKBOARD OUTLINE. 


MISCELLANEOUS PROVISIONSr 

“Full Faith and Credit.” “Records.” 

“Public Acts.” “Judicial Proceedings.” 


New States. 
Territories. 


Republican Government. 
Amendments. 


144 





CHAPTER IV. 


MISCELLANEOUS PROVISIONS. 

The Constitution provides that: — 

“ Full faith and credit shall be given to the public acts, 
records, and judicial proceedings of every other 
state, and the Congress may, by general laws, pre¬ 
scribe the manner in which said acts, records, and 
proceedings shall be proved, and the effect thereof.” 

1. “ Full faith and credit.” By these words 
are meant that the other state shall give the 
same credit, which the state itself gives to the 
acts, etc., when these have been proven. 

2. “ Public acts.” By these are meant the 
laws of the state, or the action of the legislature. 

3. “ Records.” These refer to general matters 
of legal record, such as laws, real estate records, 
legislative journals, etc. 

4. “ Judicial proceedings.” The reference here 
is to the acts of the courts, judgments, orders, 
proceedings. In obedience to the last part of 
the clause. Congress,-at an early date, passed an 
act specifying that the acts of the legislature of a 
state shall be authenticated by its seal. The 
same act also specifies the form of proof neces- 

145 


146 • MISCELLANEOUS PROVISIONS. 


sary for the records of a court, and the attesta¬ 
tion of the clerk together with the certificate of 
the judge. Such records and proceedings must 
receive full faith and credit in the courts of other 
states. 

New States.— 

“ New states may be admitted by the Congress into this 
Union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, or any 
state be formed by the junction of two or more 
states, without the consent of the legislatures of 
the states concerned, as well as of the Congress.” 

The first added state was Vermont, which was 
admitted into the Union by an act of Congress 
in 1791. 

In 792, Kentucky was admitted. 

In 1796, Tennessee was admitted. 

In 1803, Ohio was admitted. 

In 1812, Louisiana was admitted. 

In 1816, Indiana was admitted. 

In 1817, Mississippi was admitted. 

In 1818, Illinois was admitted. 

In 1819, Alabama was admitted. 

In 1820, Maine was admitted. 

In 1821, Missouri was admitted. 

In 1836, Arkansas was admitted. 

In 1837, Michigan was admitted. 

In 1845, Florida was admitted. 


MISCELLANEOUS PROVISIONS. 


147 


In 1845, Texas was admitted. 

In 1846, Iowa was admitted. 

In 1848, Wisconsin was admitted. 

In 1850, California was admitted. 

In 1858, Minnesota was admitted. 

In 1859, Oregon was admitted. 

In 1861, Kansas was admitted. 

In 1863, West Virginia was admitted. 

In 1864, Nevada was admitted. 

In 1867, Nebraska was admitted. 

In 1876, Colorado was admitted. 

In 1889, North Dakota was admitted. 

In 1889, South Dakota was admitted. 

In 1889, Montana was admitted. 

In 1889, Washington was admitted. 

In 1890, Idaho was admitted. 

In 1890, Wyoming was admitted. 

It will thus be seen that by the recent admis¬ 
sion of the six states last mentioned, we now 
have in our federal Union forty-four states. 

Territories. — 

“ The Congress shall have power to dispose of, and 
make all needful rules and regulations, respecting 
the territory or other property belonging to the 
United States, and nothing in this Constitution 
shall be so construed as to prejudice any claims of 
the United States, or of any particular state.” 


148 MISCELLANEOUS PROVISIONS. 

In accordance with this provision, Congress 
has from time to time passed laws regulating the 
organization of the territories and providing for 
territorial governments. We have at the pres¬ 
ent time, in addition to the forty-four states just 
mentioned, the District of Columbia, the Indian 
Territory, the unorganized Territory of Alaska, 
and four territories with regularly organized ten 
ritorial (governments as follows : — 

O 

1. New Mexico. 3. Utah. 

2. Arizona. 4. Oklahoma. 

Republican Government. — 

“The United States shall guarantee to every state in 
this Union a republican form of government, and 
shall protect each of them against invasion, and, on 
application of the legislature, or of the executive 
when the legislature cannot be convened, against 
domestic violence.” 

By this section a republican government is 
made obligatory upon all the states. No partic¬ 
ular department of the United States government 
is charged with this duty. It would seem reason¬ 
able that Congress should decide what govern¬ 
ment is the established one in a state, and this 
has been sanctioned by a decision of the Supreme 
Court. It would seem necessary also that the 


MISCELLANEOUS PROVISIONS. 


149 


President, as the executive officer of the national 
government, and commander-in-chief of the 
armies of the nation, should see that the provi¬ 
sions of this section should be enforced. 

Amendments. — 

“The Congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments 
to this Constitution, or, on application of the legis¬ 
lature of two-thirds of the several states, shall call 
a convention for proposing amendments, which, in 
either case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the 
legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be 
proposed by Congress : provided that no amend¬ 
ment which may be made prior to the year one 
thousand eight hundred and eight shall in any man¬ 
ner affect the first and fourth clauses in the ninth 
section of the first article, and that no state, with¬ 
out its consent, shall be deprived of its equal suffrage 
in the Senate.” 

Two modes of proposing amendments are here 
given, and there may be two modes of ratifica¬ 
tion : — 

I. Amendments to the Constitution may be proposed 
to the several states by a two-thirds vote of both 
houses in Congress, 


ISO M/SCELLANEOCrS PROV/SIOJVS. 

2 . Amendments may be proposed by a convention, 
on the application of the legislatures of two-thirds of 
the states. 

Whenever amendments have been proposed to 
the states by either of these methods, there are 
two ways in which they may be ratified: — 

1. By the legislatures of three-fourths of the several 
states. 

2 . By conventions in three-fourths of the several 
states, as the one or the other mode of ratification may 
be proposed by Congress. 

As a matter of fact, all the amendments which 
have been hitherto made have been proposed to 
the states by Congress; and they have all been 
ratified by the legislatures. It is probable that 
this method, which has proved satisfactory in the 
past, will not be departed from in the future. 

Supreme Law of the Land.— 

“This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all 
treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges of every state shall 
be bound thereby, anything in the constitution or 
laws of any state to the contrary notwithstanding.” 

This clause is of paramount importance in 
showing that the government of the United 


MISCELLANEOUS PROVISIONS. 151 

States is supreme, and must be, not merely over 
the people, but over the land of the whole country, 
in all places belonging to this nation. 

The Constitution, laws, and treaties are here 
made the supreme law of the land; and the state¬ 
ment is explicit and emphatic, that “the judges 
of every state shall be bound thereby, anything 
in the constitution or laws of any state to the 
contrary notwithstanding.” 

“ The ratifications of the conventions of nine states shall 
bo sufficient for the establishment of this Constitu¬ 
tion between the states so ratifying the same.” 

As a matter of fact, the adoption of this Con¬ 
stitution was a peaceful revolution. 

The Articles of Confederation provided as fol¬ 
lows : — 

And the Articles of this Confederation shall be inviola¬ 
bly observed by every state, and the union shall be 
perpetual; nor shall any alteration at any time here¬ 
after be made in any of them, unless such alteration 
be agreed to in a Congress of the United States, 
and be afterwards confirmed by the legislatures of 
every state.” 

They further provide, — 

‘‘ That the articles thereof shall be inviolably observed 
by the states they respectively represent, and that 
the union shall be perpetual.” 


152 


MISCELLANEOUS PEO VISIONS. 


Contrary, then, to these provisions of the Arth 
cles of Confederation, which were emphatically the 
supreme law of the land, this Constitution pro¬ 
vides that it should go into effect between nine 
states as soon as ratified by that numben 


MISCELLANEOUS PROVISIONS. 


53 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What is meant by “ full faith and credit ”? 

2. Public acts ” ? 

3. ‘^Records”? 

4. “Judicial proceedings ”? 

5. How may new states be admitted? 

6. What power has Congress over the territories? 

7. What has been the uniform method of proposing amend¬ 
ments to the Constitution? 

8. What has been the uniform method of adopting amend¬ 
ments to the Constitution? 


BLACKBOARD OUTLINE. 


AMENDMENTS TO THE CONSTITUTION. 

First Ten Amendments. — A Bill of Rights. 

Eleventh Amendment. — Judicial Department. 

Twelfth Amendment. — The Election of President. 

Thirteenth Amendment. — Slavery. 

Fourteenth Amendment. — Citizenship, Congressional Represen¬ 
tation, Inability to hold Office under the United States, the 
Public Debt. 

Fifteenth Amendment. — Shall not deny or abridge the right to 
vote. 

Putting the Constitution into Operation. 


154 


CHAPTER V. 


THE AMENDMENTS TO THE CONSTITUTION. 

Conventions were called in the several states 
to discuss and adopt, or reject, this Constitution. 
After a time it was adopted by all of the thirteen 
original states, yet in several conventions there 
was a strong desire for certain modifications to 
satisfy the evident will of the people. 

Congress, at its first session under the Consti¬ 
tution, proposed to the states twelve articles of 
amendment. Of these articles ten were ratified 
by the legislatures of three-fourths of the states, 
and became part and parcel of the Constitution 
from the fifteenth day of December, 1791. These 
constitute the first ten of the amendments to the 
Constitution. They, in general, relate to the 
rights of the people and to limitations of govern¬ 
ment. (The teacher is advised to turn to the 
Constitution, and read these amendments, dis¬ 
cussing them in an informal way with the class.) 

The Eleventh Amendment was proposed at the 
first session of the Third Congress, in 1794, and 
was declared adopted as a part of the Constitu¬ 
tion January 8, 1798. 

155 


156 AMENDMENTS TO THE CONSTITUTION. 

This amendment, which has been already con¬ 
sidered, restricts the judicial power of the United 
States in suits at law between one of the United 
States and citizens of another state. 

The Twelfth Amendment relates to the manner 
of electing President and Vice-President, and has 
already been considered. It was proposed by the 
first session of the Eighth Congress, in 1803, and 
was adopted by the requisite number of states the 
next year. At present there are three other 
amendments, the Thirteenth, F'ourteenth, and 
Fifteenth, all of which have grown out of the 
Civil War. 

The Thirteenth Amendment. — 

“ Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

“ Congress shall have power to enforce this article by 
appropriate legislation.” 

This amendment was proposed by Congress in 
1865, and ratified by the constitutional number of 
states the same year. 

The S'ourteenth Amendment. — 

“All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens 
of the United States and of the state wherein they 


AMENDMENTS TO THE CONSTITUTION 1 5/ 

reside. No state shall make or enforce any law 
which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state 
deprive any person of life, liberty, or property with- 
out due process of law, nor deny to any person 
within its jurisdiction the equal protection of the 
laws. 

Representatives shall be apportioned among the sev¬ 
eral states, according to their respective numbers, 
counting the whole number of persons in each state, 
excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for 
President and Vice-President of the United States, 
representatives in Congress, the executive and 
judicial officers of a state, or the members of the 
legislature thereof, is denied to any of the male 
inhabitants of such state, being twenty-one years of 
age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion 
or other crime, the basis of representation therein 
shall be reduced in the proportion which the num¬ 
ber of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in 
such state. 

No person shall be a senator or representative in 
Congress, or elector of President or Vice-President, 
or hold any office, civil or military, under the 
United States, or under any state, who, having 
previously taken an oath as a member of Congress, 
or as an officer of the United States, or as a mem¬ 
ber of any state legislature, or as an executive or 
judicial officer of any state, to support the Consti- 


158 AMENDMENTS TO THE CONSTETUTION. 


tution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Con¬ 
gress may, by a vote of two-thirds of each house, 
remove such disability. 

“ The validity of the public debt of the United States, 
authorized by law, including debts incurred for 
payment of pensions and bounties for services in 
suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor 
any state shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against 
the United States, or any claim for loss or emanci¬ 
pation of any slave ; but all such debts, obligations 
and claims shall be held illegal and void. 

“ The Congress shall have power to enforce, by appro¬ 
priate legislation, the provisions of this article.” 

This amendment was proposed by Congress in 
1866, and was declared to be a part of the Con¬ 
stitution in July, 1868. 

Fifteenth Amendment. — 

“ The right of citizens of the United States to vote 
shall not be denied or abridged by the United 
States, or by any state, on account of race, color, 
or previous condition of servitude. 

“ The Congress shall have power to enforce this article 
by appropriate legislation.” 

The object of this article was to secure suffrage 
to the colored race, especially to the freed men of 


AMENDMENTS TO THE CONSTITUTION. 159 

the South. It specifies three points, in respect to 
which the right of citizens of the United States 
to vote shall not be denied or abridged, either by 
the national or state governments: — 

1. On account of race. 

2. On account of color. 

3. On account of previous condition of servitude. 

It was at first proposed to add two other points, 
nativity and religion, but these were stricken out 
before the proposed amendment was sanctioned 
by Congress. 

This amendment was proposed by Congress in 
1869, and was declared to be ratified in 1870. 

Putting the Constitution into Operation.— 

In July, 1788, a committee was appointed by the 
Congress to report an act for putting the Consti¬ 
tution into operation. This committee reported 
an act which was adopted on the 13th of Sep¬ 
tember, as follows: — 

Resolved, that the first Wednesday in January next be 
the day of appointing electors in the several states, 
which before the said day shall have ratified the 
said Constitution; that the first Wednesday in Feb¬ 
ruary next be the day for the electors to assemble 
in their respective states, and vote for a President; 
and that the first Wednesday in March next be the 
time, and the present seat of Congress the place, 
for commencing proceedings under the said Consti¬ 
tution.” 


l6o AMENDMENTS TO THE CONSTITUTION. 

The first Wednesday in March, 1789, happened 
to be the fourth day of the month, and as one 
presidential term and two Congresses occupies, 
by the Constitution, exactly four years, it follows 
that the inauguration of the President is to take 
place on the fourth day of March every fourth 
year, beginning with 1789. 

Washington was elected President by unani¬ 
mous vote. John Adams was declared elected 
Vice-President, and the new government went 
into operation quietly and with the general sanc¬ 
tion of the people of the country. It is not a 
little remarkable that the first President should 
have been elected unanimously, and re-elected 
unanimously. No President since his day has 
received a unanimous vote of all the electors. 


AMENDMENTS TO THE CONST/TUT/ON 


6l 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned, and to suggest further 
thought, reading, and study. 

1. When were the first ten amendments adopted? 

2. Why are they called a “ Bill of Rights ” ? 

3. What is the Eleventh Amendment ? 

4. Give a brief history of the Twelfth Amendment, and 
state its object. 

5. Tell the story of the Thirteenth Amendment. 

6. Also the Fourteenth. 

7. What was the object of the Fifteenth Amendment? 

8. What measures were taken by the Congress for putting 
the Constitution into operation? 


BLACKBOARD OUTLINE. 


THE GROWTH OF OUR COUNTRY. 


The Treaty of Paris. 
Weakness of the Articles of 
Confederation. 

Purchase of Louisiana. 
Purchase of Florida. 

Spanish Boundary. 


Annexation of Texas. 
Mexican Provinces. 
Discovery of Gold. 

The Oregon Country. 
Alaska. 

Our Present Condition. 



CHAPTER VI. 


THE GROWTH OF OUR COUNTRY. 

The original thirteen English colonies which 
secured their independence by the revolutionary 
war, extended from the St. Croix River on the 
eastern borders of Maine to the southern boun¬ 
dary of Georgia. The settlements in these colo¬ 
nies were invariably near the sea-coast. At the 
beginning of the revolution, but few settlers were 
to be found more than a hundred miles from the 
Atlantic. These colonies in the main extended 
westward to the Alleghany Mountains, but sev¬ 
eral of them claimed, under their grants and 
charters from the British crown, westward to the 
Mississippi River. 

The Treaty of Paris. — The treaty of peace 
between the new Republic and Great Britain was 
negotiated at Paris. The preliminary treaty was 
signed in 1782, and the definitive treaty was exe¬ 
cuted the year following. Our commissioners in 
the negotiation of this treaty, to whom this coun¬ 
try owes great gratitude for their patriotism and 
sagacity, were John Adams, John Jay, and Benja¬ 
min Franklin. In spite of strong opposition 

163 


164 GROH'TH OF OUR COUNTRY. 

they succeeded in securing for us the entire terri¬ 
tory as far north as the Great Lakes, and west¬ 
ward to the Mississippi River, and southward to 
latitude 31°, the northern limit of Florida. This 
immense territory comprised more than eight 
hundred thousand square miles, and was from 
three to four times as large as France, or Spain, 
or Italy. 

Weakness of Articles of Confederation.— 

But the national government was weak and in¬ 
efficient. The Articles of Confederation provided 
only for a Congress of delegates from the differ¬ 
ent states sitting as one house only, with no 
executive and nc judicial department. This Con¬ 
gress had all po.jer in advising and recommend¬ 
ing, but no power to oblige the various States to 
perform their requisite duties. In 1787, on the 
recommendation of the Congress, a convention 
composed of delegates from the several states, 
assembled in Philadelphia, and framed the United 
States Constitution. This Constitution was sub¬ 
mitted to the several states, and finally adopted 
by them all. Washington was unanimously 
elected the first President, and the new govern¬ 
ment went into effect on the fourth of March, 
1789. The country soon began to rally, business 
improved, agriculture flourished, and manufac¬ 
tures increased. The new Republic was now on 


GROWTH OF OVR COUNTRY. 165 

a strong basis with a vigorous government, and 
it entered upon a career of unexampled growth 
and prosperity. 

Purchase of Louisiana. — The extent of terri¬ 
tory remained unchanged until the year 1803. 
Three years before this, Napoleon Bonaparte, 
then the First Consul of France, had secured 
from Spain that territory called the Province of 
Louisiana, which extended from the Gulf of Mex¬ 
ico on the south, northward as far as the Lake 
of the Woods, and from the Mississippi River 
westward to the Rocky Mountains. Early in the 
year 1803, Napoleon, finding himself on the eve 
of a war with Great Britain, proposed to sell this 
immense territory to the United States, in order 
to prevent its capture by Great Britain, and to 
replenish the treasury of France. In April of 
the year just mentioned, the treaty was executed 
by Napoleon and his secretary of the treasury, 
Barbe Marbois, for the Republic of France, and 
Robert R. Livingston and James Monroe for 
the United States of America. By this peace¬ 
ful treaty, the entire territory, called the Province 
of Louisiana, was conveyed to the United States, 
we paying therefor the sum of fifteen million dol¬ 
lars. It was an accession so great that, compris¬ 
ing as it did nine hundred thousand square miles, 
it more than doubled our former territory. The 


l66 . GROWTH OF OUR COUNTRY. 

result has proved that it was of great importance 
to our country. 

The Purchase of Florida. — Having obtained 
a foothold upon the Gulf of Mexico, our states¬ 
men naturally desired to secure the coast from 
the Atlantic to New Orleans. Consequently, in 
1819, we negotiated a treaty with Spain by which, 
for the sum of five million dollars, she ceded to 
us her provinces of East and West Florida. This 
treaty completed our title to the territory from 
the Atlantic to the Rocky Mountains, and from 
the Gulf to the Great Lakes. 

Spanish Boundary. — The third article of the 
Florida treaty related to the boundary line be¬ 
tween the United States and the Spanish prov¬ 
inces of North America. It established this line 
as follows: — 

Beginning on the Gulf of Mexico at the mouth 
of the Sabine River, and following up that river 
to a certain point, thence due north, on the line 
which is now the boundary line of Texas, to 
the Red River; thence up the Red River to lati¬ 
tude one hundred; thence due north to the 
Arkansas River, and up the Arkansas to its 
source ; thence due north to latitude forty-two, 
and westward upon that parallel to the Pacific 
Ocean. Spain relinquished all claim to the terri- 


GROWTH OF OUR COUNTRY. 

tory north and east of this line, and the United 
States relinquished to her all claim to the territory 
west and south of the line. This treaty gave us 
a stronger claim to the Oregon country, while we 
relinquished to Spain whatever claims we might 
have had to Texas. 

Annexation of Texas. — Texas declared her¬ 
self independent of Mexico in 1836; and in 1845, 
by joint resolution of Congress, ratified by the 
government of Texas, she was annexed to the 
United States. 

Purchase of Mexican Provinces. — The war 

with Mexico followed; and at the conclusion of 
that war, our army being entirely victorious, and 
having captured the city of Mexico, a treaty was 
made between us and that country by which 
Mexico relinquished to us her provinces of New 
Mexico and Upper California, for which we paid 
the sum of fifteen million dollars. In 1853, 
through General Gadsden, we purchased from 
Mexico an additional strip of territory called the 
Masilla Valley, south of the Gila River, and now 
known as the Gadsden Purchase. For this strip 
we paid Mexico the sum of ten million dollars. 

The Discovery of Gold. — Almost simultane¬ 
ously with the news of the treaty with Mexico 
came the report of the discovery of gold in 


l68 GROWTH OF OUR COUMTRY. 

California. The “gold fever” spread rapidly 
throughout the country, and in 1849 and 1850 
thousands of persons flocked from all sections 
to the California coast in search of gold. 

The state government was organized, and 
California was admitted as one of the states of 
the Union in 1850. 

The Size of these Additions. — The annexa¬ 
tion of Texas, with her original boundaries, gave 
us about three hundred thousand square miles; 
and the purchase of the Mexican provinces gave 
us six hundred thousand square miles more, so 
that our territory by this means was increased 
to the extent of another nine hundred thousand 
square miles. 

The Oregon Country. — Our title to Oregon 
is based upon several claims, as follows: — 

1. By right of discovery (Captain Gray in 1792). 

2. By exploration (Lewis and Clark in 1805-6). 

3. By first settlement (Astoria in 1811). 

4. By purchase from France in 1803 of whatever 
claim she might have had to the country. 

5. By purchase from Spain, in the Florida treaty, 
1819, of all her right to this territory north of latitude 
forty-two. 

6. By treaty with Great Britain in 1846, by which 
she yielded to us all her claim to the country south of 
latitude forty-nine. 


GROWTH OF OUR COUNTRY. 169 

This country included what to-day is com¬ 
prised in the states of Oregon, Washington, and 
Idaho, and embraces about three hundred thou¬ 
sand square miles. Many parts of it are of the 
greatest fertility, with a mild and equable climate, 
forming in all respects one of the most delightful 
countries in the world. 

Alaska. — In 1867 our government, through 
Secretary Seward, negotiated a treaty with the 
Russian government by which we obtained the 
entire territory of Alaska, comprising, in round 
numbers, about six hundred thousand square 
miles. We paid for this territory the sum of 
seven million two hundred thousand dollars. 
This is our latest addition. 

Our Present Whole Country. — Our country 
now embraces about 3,600,000 square miles. Its 
eastern limits are the Atlantic Ocean; its west¬ 
ern, the Pacific Ocean; its southern boundary 
is upon the Gulf of Mexico, and its northern 
is the Arctic Ocean. It extends through about 
one hundred and thirty degrees of longitude, and 
about forty-five degrees of latitude. It may be 
considered as embraced in four nearly equal divi¬ 
sions. The first part, being a little less than a 
quarter of the whole, includes the original terri¬ 
tory east of the Mississippi River; the second 


I/O GROWTH OF OUR COUNTRY. 

quarter, of about 900,000 square miles, embraces 
the Province of Louisiana; the third quarter con¬ 
sists of the original Texas, about 300,000 square 
miles, and the Mexican cessions of about 600,000 
more; the fourth quarter includes the Oregon 
country, about 300,000 square miles, and Alaska, 
about 600,000 more. 

Our Present Condition. — The entire extent 
of our country at the present time is 3,603,884 
square miles. This is divided into forty-four 
states, six territories, and one federal district. 
The states proper include about 2,800,000 square 
miles, and the territories 800,000 square miles. 
The aggregate population is not far from 64,000,- 
000, of which about 63,000,000 are in the states, 
and nearly 1,000,000 in the territories, including 
the District of Columbia. The densest popula¬ 
tion is in the State of Rhode Island, which 
averages about two hundred and fifty per square 
mile. If the entire country had a population as 
dense as Rhode Island, it would contain over 
900,000,000, or about three-fifths of the present 
population of the globe. 


GROWTH OF OUR COUNTRY. 


71 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What was the original extent of the United States 
territory? 

2. Describe the Treaty of Paris. 

3. Discuss the weakness of the Articles of Confederation. 

4. Write a brief account of the purchase of the Province 
of Louisiana. 

5. When was Florida purchased, of whom, and for what 
price ? 

6. Describe the third article of the Treaty of Florida. 

7. Give some account of the annexation of Texas. Of the 
purchase of New Mexico and California. 

8. Tell something about the discovery of gold in California, 
and its effects upon the country. 

9. Upon what various grounds did we lay claim to the 
Oregon country? 

10. When was Alaska purchased; by whom, of whom, at 
what price, and what was its extent ? 

11. Describe the present extent of our whole country: its 
aggregate size and its aggregate population. 


BLACKBOARD OUTLINE. 


RULES OF PROCEDURE FOR DELIBERATIVE ASSEMBLIES. 

Formation of a Society. 

Form of a Constitution. 

Election of Officers. 

Officers and their Duties. 


Transaction of Business. 



CHAPTER VII. 


RULES OF PROCEDURE FOR DELIBERATIVE 
ASSEMBLIES. 

Section I. 

FORMATION OF A SOCIETY. 

This is a country of majorities. The funda^ 
mental principle of our government is that the 
majority vote shall dominate. Deliberative as¬ 
semblies are numerous throughout the land, from 
the Senate of the United States to the boys’ de¬ 
bating society in the school. Every pupil.in the 
upper classes of the grammar school should learn 
how to transact business in an orderly manner in 
an organized meeting. 

The Senate of the United States, the National 
House of Representatives, the State Senate and 
House, the town meeting, the agricultural and 
the historical society, the county convention, the 
village lyceum, all are governed by “ Rules of 
Order.” The rules of the Senate are fixed and 
well known. The rules of the House are adopted 
by each Congress. 


73 


174 


RULES OF PROCEDURE. 


“ Cushing’s Manual,” “Jefferson’s Manual,”and 
Barclay’s “ Digest of the Rules and Practice of 
the House of Representatives, U. S.,” are well- 
known treatises on “ Rules of Procedure.” 

Let us suppose that the pupils of a certain 
school are about to form a debating society. 
The proper method would be for a number of 
persons interested in the matter to sign and post 
in the school-house a call for a meeting to organ¬ 
ize such a society. Notice might, however, be 
given in some other manner; for example, at the 
request of several pupils, the teacher could give 
notice that all persons interested in effecting such 
an organization are requested to meet at such a 
time and place. If a written notice were posted, 
then the time having arrived, and the company 
being assembled, some one who had signed the 
call should call the meeting to order. Then the 
call may be read. Next a chairman should be 
chosen, on nomination, and a majority vote. A 
majority vote means a majority of all votes cast. 
A plurality means a larger number than any other 
one candidate has received. Blank ballots are not 
votes, and should not be counted as such. The 
chairman, being elected, takes the chair, and calls 
for the nomination of a secretary. When the sec¬ 
retary is elected, the meeting is duly “ organized.” 

It would then be proper to call for the appoint- 


RULES OF PROCEDURE. 


175 


ment of a committee to draft a “ Constitution ” 
and “ By-Laws.” The meeting might then ad¬ 
journ to a certain time and place, or to the call 
of the chairman, or to the call of the committee. 

Report of the Committee. — At the next meet¬ 
ing the “ Committee on Constitution ” reports a 
draft for constitution and by-laws, which, after 
discussion and amendments, may be adopted. 

Form of a Constitution. — The following will 
indicate the ordinary form of a constitution. Of 
course every constitution will have some dis¬ 
tinguishing features differing from every other 
one. 


CONSTITUTION OF THE CHICKATAWBUT 
DEBATING CLUB. 

Article I. 

NAME. 

The name of this organization shall be the Chickataw- 
Dut Debating Club. 


Article II. 

OBJECT. 

The object of the club shall be to improve its mem¬ 
bers in the art of public speaking and conducting affairs 
in a deliberative assembly. 


76 


RULES OF PROCEDURE, 


Article III. 

MEMBERS. 

Section i. Membership in this club is confined 
exclusively to the members of the senior class in the 

—— Grammar School, in the town (or city) of- } 

Section 2. Any member of said class in said school 
desiring to become a member of this club, should make 
application to the. Executive Comm.ittee, and, being 
recommended by said committee, and receiving a two- 
thirds vote of the members of the club present at any 
regular meeting shall be constituted a member by sign¬ 
ing the constitution. 


Article IV. 

OFFICERS. 

Section i. The officers of the club shall consist of a 
President, a Vice-President, a Secretary, a Treasurer, 
and an Executive Committee, composed of the above- 
named officers and three other members. 

Section 2. All officers shall be elected by ballot at 
the first meeting of each school year. 

Section 3. The Executive Committee shall have the 
general management of the affairs of the club. 

Section 4. It shall be the duty of the President, 
Vice-President, Secretary, and Treasurer faithfully to 
discharge the duties usually required of such officers in 
an association of this character. The President shall 
be chairman of the Executive Committee. 

1 This draft of a constitution is designed to fit a large graded grammar 
school. For a high school, or an ungraded school, the necessary changes 
from this form will readily suggest themselves to suit the particular 
school. 




RULES OF PROCEDURE. 


177 


The Secretary shall give notice of the regular meet¬ 
ings, and of any special meetings called by the Presi¬ 
dent, by posting upon the bulletin board in the school- 
house a written notice at least twenty-four hours prior 
to the time for said meeting. 

Article V. 

FINANCE. 

Section i. The annual membership fee shall be-, 

which shall be payable at the first meeting in each 
school year. 

Section 2. Any member who shall not have paid 
his dues on or before the first regular meeting in De¬ 
cember shall be notified by the treasurer that unless 
such dues are paid by the date of the first meeting in 
January his name shall be dropped from the member¬ 
ship of the club. 

Section 3. No bills shall be paid by the treasurer 
till they are audited by the president.^ 

Article VI. 

MEETINGS. 

Section i. The regular meetings of this club shall 
be on the second and fourth Friday evenings of each 
month, during term time. 

Section 2. Special meetings may be called by the 
president, and he shall call a special meeting at the 
request in writing of three members of the club. 

1 In societies where the treasurer handles large sums of money, it is 
common to have an auditor, as a special officer of the society. 



78 


RULES OF PROCEDURE. 


Article VII. 

AMENDMENTS. 

This constitution may be altered or amended by a 
two-thirds vote of the members present at any regular 
meeting of the club, notice of such alteration or amend¬ 
ment having been given in writing at a previous regular 
meeting. 

The above will serve as a model by which the 
pupils in any school may frame a constitution to 
suit their own wants. 

When the constitution has been reported by 
the committee, it should be read throughout, and 
then discussed article by article. When each 
article has been duly considered, and such amend¬ 
ments as might be proposed have been adopted 
or rejected, the article should be adopted, and 
then the next, and so on, until the entire consti¬ 
tution has been adopted by articles. It should 
then be adopted as a whole. 

Election of Officers. — After the adoption of 
the constitution, the first business in order will 
be the election of officers. As each officer is 
elected, he replaces the temporary one, and when 
they are all elected the organization is completed. 

In most cases the constitution provides some 
form for the admission of members. It is quite 
common for associations to require that each 
member shall sign his name to the constitution. 


RULES OF PROCEDURE. 


79 


Section II. 

OFFICERS AND THEIR DUTIES. 

Chairman or President. — It is the duty of 
the Chairman to call the meeting to order at the 
appointed time, to preside at all the meetings, to 
announce the business before the assembly in its 
proper order, to state and put all questions prop¬ 
erly brought before the assembly, to preserve 
order and decorum, and to decide all questions of 
order (subject to an appeal). When he “ puts a 
question ” to vote, and when speaking upon an 
appeal, he should stand; in all other cases he can 
sit. In all cases where his vote would affect the 
result, or where the vote is by ballot, he can vote. 
When a member rises to speak, he should say, 
“ Mr. Chairman,” and the Chairman should reply, 
“ Mr. A.” He should not interrupt a speaker 
so long as he is in order, but should listen to his 
speech, which should be addressed to him and 
not to the assembly. The Chairman should be 
careful to abstain from the appearance of par¬ 
tisanship, but he has the right to call another 
member to the chair while he addresses the 
assembly on a question; but when speaking to 
a question of order he does not leave the chair. 

The Clerk, Secretary, or Recording Secretary, 

as he is variously called, should keep a record of 


8o 


RULES OF PROCEDURE. 


the proceedings of the convention, society, or as¬ 
sociation, whose officer he is. It is not his duty 
to record discussions, but only the resolutions, 
motions, orders, or whatever the action of the soci¬ 
ety may be called. He should record every vote, 
stating whether the motion or resolution which 
had been offered was adopted or rejected. 

It is sometimes customary in the records to 
say that the question was discussed by Messrs. 
A., B., and C. in the affirmative, and D., E., ajid 
F. in the negative. 

It is necessary for an inexperienced secretary 
to keep constantly in mind in making his records 
the fact that he is to record not what was said 
but what was done. Above all, he should never 
make in his minutes any criticism, favorable or 
unfavorable, upon anything that was said or done 
in the meeting. 

The Form of the Minutes can be as follows: — 

“The regular meeting of the Chickatawbut Club was 
held in the school-room, on Friday evening, May 9, 1890. 
The president was in the chair, and in the absence of 
the secretary, Mr. A. was chosen secretary pro tern. 
The minutes of the previous meeting were read and 
approved. The following persons were admitted by 
vote as members of the club, Messrs. A. B., C. D., 
E. F., and Misses G. H., I. J., and K. L.” 


RULES OF PROCEDURE. l8l 

The question for the evening was the follow¬ 
ing:— 

^'Resolved, That the explorations of Henry M. Stan¬ 
ley will prove of greater value to the world than the 
Arctic voyages of Dr. Kane. 

“The disputants upon the affirmative were Messrs. 
M. N., O. P., and R. S., and in the negative Mr. T. U., 
and Misses V. W., and X. Y. 

“The question was decided by a large majority in the 
affirmative. 

“ At five minutes before nine o’clock the club ad¬ 
journed. 

“ S- E- C-, Secretary." 

The constitution, and, if there are any, the by¬ 
laws, rules of order, and standing rules should be 
written in a book with blank pages, writing only 
on the right-hand page. The left-hand page 
should be left blank, on which amendments to the 
articles opposite may be entered, if there should 
be any. Each amendment should have recorded 
with it a reference to the date and page of the 
minutes where the action of the society adopting 
such amendment is recorded. It is customary to 
insert the constitution, etc., in the first part of 
the society’s book, after which would be recorded 
the names of the members. Following these 
names the page can be used for the record of the 
minutes of the society. 





i 82 


RULES OF PROCEDURE. 


Treasurer. — It is the duty of this officer to 
collect and hold the funds belonging to the 
society, and to pay out money on the order of 
the proper officer. 

The treasurer should make a report annually 
to the society, which report should contain a 
statement of the amount of money on hand at the 
beginning of the year and amount received dur¬ 
ing the year, including the sources through which 
the money has come ; and a statement in brief of 
the amount of money paid out by order of the 
society and the balance on hand at the end of the 
year. This report is usually referred to an audit¬ 
ing committee, consisting of one or more persons, 
whose duty it is to examine the treasurer’s books 
and vouchers, and make a certificate as to the 
correctness of his report. The form of auditor’s 
report is usually something like the following: — 

“ I hereby certify that I have examined the accounts 

and vouchers of the above report of T-R-, the 

treasurer of the Chickatawbut Club, and find them cor¬ 
rect, and that the balance on hand is,” etc., stating the 
amount on hand. 

It is usual after the auditor’s report has been 
read to accept the treasurer’s report. 

Committees. — In small societies there is less 
need of committees, but in permanent organiza¬ 
tions, like the National or State Senate or House, 


RULES OF PROCEDURE. 


83 


Common Council in a city, or school committee, 
nearly all matters of business should be referred 
to appropriate committees. These sub-commit¬ 
tees examine the matters referred to them and 
report to the entire body. When a committee 
thus reports, it is usual for the body to accept its 
report, and unless special objections appear, to 
adopt its recommendations. 

The first-named member of a committee is 
usually its chairman. It is his duty to call the 
committee together and to preside at their meet¬ 
ings. If he is absent it is customary for the next 
member in order to preside. A majority of a 
committee should constitute a quorum. The 
committee should not act unless a quorum be 
present. The committee may make a majority 
and minority report if the members do not agree. 
When a majority and a minority report have 
been presented to a body, it is competent for any 
member to move the acceptance of the majority 
report. It is proper for some other member to 
move to substitute the minority for the majority 
report. The minority report cannot be acted 
upon except by such motion to substitute it for 
the majority. When the committee’s report has 
been read and accepted, the committee is dis¬ 
charged, without further motion, unless their 
report be a report of progress. 


84 


RULES OF PROCEDURE. 


Section III. 

TRANSACTION OF BUSINESS. 

Every order, resolution, or motion to be sub¬ 
mitted to a deliberative assembly should be in 
writing, and having been read should be handed 
to the president. 

The following will illustrate the form of a reso¬ 
lution : — 

Resolved. — That the thanks of the Chickatawbut 
Club are hereby tendered to the principal of our school, 
Mr. A. B., for his timely, interesting, and useful address, 
to which we have just listened.” 

The person desirous of offering this resolution 
should rise from his seat and address the chair¬ 
man by his title, thus “ Mr. President,” or “ Mr. 
Chairman,” who immediately recognizes him and 
announces his name. He, then, having the floor, 
says “ I move the adoption of the following reso¬ 
lution,” which he reads and hands to the chair¬ 
man. Some one else seconds the motion, and the 
chairman says, “ It has been moved and seconded 
that the following resolution be adopted.” He 
then reads the resolution, and, says, “ Are there any 
remarks upon the resolution ? ” Here will follow 
a discussion of the resolution pro and con, if the 
members should be so disposed. If no one rises 


RULES OF PROCEDURE, 


85 


to speak when the question is thrown open for 
discussion, or it having been discussed and the 
president thinks the debate is closed, he says, 
“ Are you ready for the question ? ” If no one 
rises to speak, he puts the question in a form 
similar to the following: “ The question is upon 
the adoption of the resolution which you have 
heard read. Those of you who are in favor of 
adopting this resolution will manifest it by saying 
‘ Aye ’; those contrary minded, ‘ No.’ It is a vote, 
and the resolution is adopted.” If the majority 
vote in the negative, the chairman will state that 
the resolution is lost. If he is in doubt, he will 
say, “ The chair is in doubt, those in favor of the 
adoption of the resolution will rise and stand 
until counted.” The president or the secretary 
makes the count. Those opposed will rise.” 
The chairman announces the result. 

A debating society like the one proposed above 
will prove of great service to young persons at 
school. They will not only improve themselves 
in the ability to speak before others, and present 
their thoughts in a clear and forcible manner, but 
they will rapidly improve their power to think 
upon any question which may be presented to 
their minds for consideration. Not the least 
advantage will be found to consist in their be¬ 
coming familiar with proper methods of transact- 


RULES OF PROCEDURE. 


186 

ing business in a deliberative assembly. Every 
such young person should familiarize himself with 
all points connected with rules of order, and such 
persons are specially advised to make themselves 
familiar with some one or more of the books 
heretofore recommended on this subject. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Why is this a country of “ Majorities ” ? 

2. Describe the method of forming a society. 

3. What are the essential officers? 

4. Method of electing officers. 

5. Duties of President. 

6. Duties of Secretary. 

7. Duties of Treasurer. 

8. Why have an Auditor? 

9. Write a form for auditing the Treasurer’s annual report- 

10. Write a form of “ Minutes ” of a meeting. 

11. Write a “Resolution,” extending the thanks of the 
society for a lecture. 



APPENDIX. 


THE CONSTITUTION OF THE UNITED 
STATES OF AMERICA. 

We the People of the United States, in order to form a more 
perfect Union, establish Justice, insure domestic Tranquillity, 
provide for the common defence, promote the general Wel¬ 
fare, and secure the Blessings of Liberty to ourselves and our 
Posterity, do ordain and establish this Constitution for the 
United States of America. 

ARTICLE. I. 

Section, i. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section. 2. f^^^The House of Representatives shall be com¬ 
posed of Members chosen every second year by the People of 
the several States, and the Electors in each State shall have 
the Qualifications requisite for Electors of the most numerous 
Branch of the State Legislature. 

No person shall be a Representative who shall not have 
attained to the Age of twenty five years, and been seven Years 

[Note. —The small figures in brackets are not in the original, but 
have been added subsequently, to mark the different clauses in a section. 
In reprinting the constitution here, the spelling, punctuation, and capitali- 
ration of the original have been preserved.] 


187 


188 CONSTITUTION OF THE UNITED STATES. 


a Citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State in which he shall be 
chosen. 

Representatives and direct Taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective Numbers, which shall be 
determined by adding to the whole Number of free Persons, 
including those bound to Service for a Term of Years, and 
excluding Indians not taxed, three fifths of all other Persons. 
The actual Enumeration shall be made within three Years after 
the first Meeting of the Congress of the United States, and 
within every subsequent Term of ten Years, in such Manner as 
they shall by Law direct. The Number of Representatives 
shall not exceed one for every thirty Thousand, but each State 
shall have at Least one Representative; and until such enum¬ 
eration shall be made, the State of New Hampshire shall be 
entitled to chuse three, Massachusetts eight, Rhode-Island and 
Providence Plantations one, Connecticut five, New-York six. 
New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six, Virginia ten. North Carolina five. South Carolina five, and 
Georgia three. 

When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs of Elec¬ 
tion to fill such Vacancies. 

■^^^The House of Representatives shall chuse their Speaker 
and other officers; and shall have the sole Power of Impeach¬ 
ment. 

Section. 3. '^^^The Senate of the United States shall be 
composed of two Senators from each State, chosen by the 
Legislature thereof, for six Years; and each Senator shall have 
one Vote. 

Immediately after they shall be assembled in Consequence 
of the first Election, they shall be divided as equally as may be 
into three Classes. The Seats of the Senators of the first Class 


CONSTITUTION OF THE UNITED STATES. 189 

shall be vacated at the Expiration of the second Year, of the 
second Class at the Expiration of the fourth Year, and of the 
third class at the Expiration of the sixth Year, so that one-third 
may be chosen every second Year; and if Vacancies happen 
by Resignation, or otherwise, during the Recess of the Legis¬ 
lature of any State, the Executive thereof may make temporary 
Appointments until the next Meeting of the Legislature, which 
shall then fill such Vacancies. 

No person shall be a Senator who shall not have attained 
to the Age of thirty Years, and been nine Years a Citizen of 
the United States, and who shall not, when elected, be an In¬ 
habitant of that State for which he shall be chosen. 

W The Vice President of the United States shall be President 
of the Senate, but shall have no Vote, unless they be equally 
divided. 

^^^The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice President, 
or when he shall exercise the Office of President of the United 
States. 

•^^^The Senate shall have the sole Power to try all Impeach¬ 
ments. When sitting for that Purpose, they shall be on Oath 
or Affirmation. When the President of the United States is 
tried, the Chief Justice shall preside ; And no Person shall be 
convicted without the Concurrence of two thirds of the Mem¬ 
bers present. 

Judgment in Cases of Impeachment shall not extend fur¬ 
ther than to removal from Office, and Disqualification to hold 
and enjoy any Office of honour. Trust or Profit under the 
United States : but the Party convicted shall nevertheless be 
liable and subject to Indictment, Trial, Judgment and Punish¬ 
ment, according to Law. 

Section. 4. '^^^The Times, Places and Manner of holding 
Elections for Senators and Representatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress may 


190 CONSTITUTION OF THE UNITED STATES. 

at any time by Law make or alter such Regulations, except as 
to the places of chusing Senators. 

•^^^The Congress shall assemble at least once in every Year, 
and such Meeting shall be on the first Monday in December, 
unless they shall by Law appoint a different Day. 

Section. 5. Each House shall be the Judge of the Elec¬ 
tions, Returns and Qualifications of its own Members, and a 
Majority of each shall constitute a Quorum to do Business ; but 
a smaller Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent Members, in 
such Manner, and under such Penalties as each House may 
provide. 

Each House may determine the Rules of its Proceed¬ 
ings, punish its Members for disorderly Behaviour, and, with 
the Concurrence of two thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and 
from time to time publish the same, excepting such Parts as 
may in their Judgment require Secrecy; and the Yeas and 
Nays of the Members of either House on any question shall, 
at the Desire of one fifth of those Present, be entered on the 
Journal. 

Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than three 
days, nor to any other Place than that in which the two Houses 
shall be sitting. 

Section. 6. The Senators and Representatives shall receive 
a Compensation for their Services, to be ascertained by Law, 
and paid out of the Treasury of the United States. They 
shall in all Cases, except Treason, Felony and Breach of the 
Peace, be privileged from Arrest during their Attendance at 
the Session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in 
either House, they shall not be questioned in any other 
Place. 


CONSTITUTION OF THE UNITED STA TES. 19 J 

Senator or Representative shall, during the Time for 
which he was elected, be appointed to any civil Office under 
the Authority of the United States, which shall have been 
created, or the Emoluments whereof shall have been encreased 
during such time ; and no Person holding any Office under the 
United States, shall be a Member of either House during his 
Continuance in Office. 

Section. 7. All Bills for raising Revenue shall originate in 
the House of Representatives; but the Senate may propose or 
concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Repre¬ 
sentatives and the Senate, shall, before it become a Law, be 
presented to the President of the United States; If he approve 
he shall sign it, but if not he shall return it, with his Objections 
to that House in which it shall have originated, who shall enter 
the Objections at large on their Journal, and proceed to recon¬ 
sider it. If after such Reconsideration two thirds of that 
House shall agree to pass the Bill, it shall be sent, together 
with the Objections, to the other House, by which it shall like¬ 
wise be reconsidered, and if approved by two thirds of that 
House, it shall become a Law. But in all such cases the Votes 
of both Houses shall be determined by yeas and Nays, and the 
Names of the Persons voting for and against the Bill shall be 
entered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days 
(Sundays excepted) after it shall have been presented to him, 
the same shall be a law, in like Manner as if he had signed it, 
unless the Congress by their Adjournment prevent its Return, 
in which Case it shall not be a Law. 

Every Order, Resolution, or Vote to which the Concur¬ 
rence of the Senate and House of Representatives may be 
necessary (except on a question of Adjournment) shall be 
presented to the President of the United States; and before 
the Same shall take Effect, shall be approved by him, or being 


192 CONSTITUTION OF THE UNITED STATES. 


disapproved by him, shall be repassed by two thirds of the 
Senate and House of Representatives, according to the Rules 
and Limitations prescribed in the Case of a Bill. 

Section. 8 . The Congress shall have Power 

■^^^To lay and collect Taxes, Duties, Imposts and Excises, to 
pay the Debts and provide for the common Defence and gen¬ 
eral Welfare of the United States; but all Duties, Imposts and 
Excises shall be uniform throughout the United States; 

•^■^To borrow Money on the credit of the United States; 

‘^^^To regulate Commerce with foreign Nations, and amon^ 
the several States, and with the Indian Tribes; 

■^^^To establish an uniform Rule of Naturalization, and uni¬ 
form Laws on the subject of Bankruptcies throughout the 
United States; 

■^^^To coin Money, regulate the Value thereof, and of foreign 
Coin, and fix the Standard of Weights and Measures; 

^‘^^To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States; 

■^"^To establish Post Offices and post Roads; 

■^^^To promote the progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the exclu¬ 
sive Right to their respective Writings and Discoveries; 

'^^^To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed on 
the high Seas, and Offences against the Law of Nations; 

■^“^To declare War, grant letters of Marque and Reprisal, 
and make Rules concerning Captures on Land and Water; 

■^^'^To raise and support Armies, but no Appropriation of 
Money to that Use shall be for a longer Term than two Years; 

’^’•‘^^To provide and maintain a Navy; 

To make Rules for the Government and Regulation of 
the land and naval Forces; 

^^^^To provide for calling forth the Militia to execute the Laws 
of the Union, suppress Insurrections and repel Invasions; 


CONSTiTUTlOISr OF THE UNITED STATES. 193 


provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be em¬ 
ployed in the Service of the United States, reserving to the 
States respectively, the Appointment of the Officers, and the 
Authority of training the Militia according to the Discipline 
prescribed by Congress; 

exercise exclusive Legislation in all Cases whatsoever, 
over such District (not exceeding ten Miles square) as may, 
by Cession of particular States, and the Acceptance of Con¬ 
gress, become the Seat of the Government of the United 
States, and to exercise like Authority over all Places purchased 
by the Consent of the Legislature of the State in which the 
Same shall be, for the Erection of Forts, Magazines, Arsenals, 
Dock-Yards, and other needful Buildings ; —And 

make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and all other 
Powers vested by this Constitution in the Government of the 
United States, or in any Department or Officer thereof. 

Section. 9. ^^^The Migration or Importation of such Persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the Year one 
thousand eight hundred and eight, but a Tax or Duty may be 
imposed on such Importation, not exceeding ten dollars for 
each Person. 

t^^^The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Rebellion or Invasion the 
public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct. Tax shall be laid, unless 
in Proportion to the Census or Enumeration herein before 
directed to be taken. 

■^•^^No Tax or Duty shall be laid on Articles exported from 
any State. 

[6] Preference shall be given by any Regulation of Com- 


194 COIVST/TUT/OJV OF THE UNITED STATES. 


merce or Revenue to the Ports of one State over those of 
another: nor shall Vessels bound to, or from, one State, be 
obliged to enter, clear, or pay Duties in another. 

No Money shall be drawn from the Treasury, but in Con¬ 
sequence of Appropriations made by Law; and a regular State¬ 
ment and Account of the Receipts and Expenditures of all 
public Money shall be published from time to time. 

No Title of Nobility shall be granted by the United States : 
And no Person holding any Office of Profit or Trust under 
them, shall, without the Consent of the Congress, accept of 
any present. Emolument, Office, or Title, of any kind what¬ 
ever, from any King, Prince, or foreign State. 

Section, io. '^^^No State shall enter into any Treaty, Alliance, 
or Confederation ; grant Letters of Marque and Reprisal; coin 
Money; emit Bills of Credit; make any Thing but gold and 
silver Coin a Tender in Payment of Debts; pass any Bill of 
Attainder, ex post facto Law, or Law impairing the Obligation 
of Contracts, or grant any Title of Nobility. 

No State shall, without the consent of the Congress, lay 
any Imposts or Duties on Imports or Exports, except what 
may be absolutely necessary for executing it’s inspection Laws : 
and the net Produce of all Duties and Imposts, laid by any 
State on Imports or Exports, shall be for the Use of the 
Treasury of the United States; and all such Laws shall be sub¬ 
ject to the Revision and Controul of the Congress. 

No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time of 
Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless actually 
invaded, or in such imminent Danger as will not admit of 
Delay. 

ARTICLE. II. 

Section, i. i^^^The executive Power shall be vested in a 
President of the United States of America. He shall hold his 


CONSTITUTION OF THE UNITED STATES. IQS 


Office during the Term of four Years, and, together with the 
Vice President, chosen for the same Term, be elected, as fol¬ 
lows 

Each State shall appoint, in such Manner as the Legisla¬ 
ture thereof may direct, a Number of Electors, equal to the 
whole Number of Senators and Representatives to which the 
State may be entitled in the Congress : but no Senator or Rep¬ 
resentative, or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

* The Electors shall meet in their respective States, and 
vote by Ballot for two Persons, of whom one at least shall not 
be an Inhabitant of the same State with themselves. And 
they shall make a last of all the Persons voted for, and of the 
Number of Votes for each; which List they shall sign and cer¬ 
tify, and transmit sealed to the Seat of the Government of the 
United States, directed to the President of the Senate. The 
President of the Senate shall, in the Presence of the Senate and 
House of Representatives, open all the Certificates, and the 
Votes shall then be counted. The Person having the greatest 
Number of Votes shall be the President, if such Number be a 
Majority of the whole Number of Electors appointed; and if 
there be more than one who have such Majority and have an 
equal number of Votes, then the House of Representatives shall 
immediately chuse by Ballot one of them for President; and if 
no Person have a Majority, then from the five highest on the 
List the said House shall in like manner chuse the President. 
But in chusing the President, the Votes shall be taken by 
States, the Representation from each State having one Vote; a 
Quorum for this Purpose shall consist of a Member or Mem¬ 
bers from two thirds of the States, and a Majority of all the 
States shall be necessary to a choice. In every Case, after the 
Choice of the President, the Person having the greatest Number 

* This clause has been superseded by the 12th amendment, on page 80. 


^96 CONSTITUTIOJSr OF THE UNITED STATES. 

of Votes of the Electors shall be the Vice President. But if 
there should remain two or more who have equal Votes, the 
Senate shall chuse from them by Ballot the Vice President. 

^^^The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their Votes; 
which Day shall be the same throughout the United States. 

[• 5 ] No Person except a natural born Citizen, or a Citizen of 
the United States, at the time of the Adoption of this Constitu¬ 
tion, shall be eligible to the Office of President; neither shall 
any Person be eligible to that Office who shall not have attained 
to the Age of thirty five Years, and been fourteen Years a Resi¬ 
dent within the United States. 

In Case of the Removal of the President from Office, or 
of his Death, Resignation, or Inability to discharge the Powers 
and Duties of the said office, the same shall devolve on the 
Vice President, and the Congress may by Law provide for the 
Case of Removal, Death, Resignation, or Inability, both of the 
President and Vice President, declaring what Officer shall then 
act as President, and such Officer shall act accordingly, until 
the Disability be removed, or a President shall be elected. 

•^'^The President shall, at stated Times, receive for his ser¬ 
vices, a Compensation, which shall neither be encreased nor 
diminished during the Period for which he shall have been 
elected, and he shall not receive within that Period any other 
Emolument from the United States, or any of them. 

Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation : — 

‘‘ I do solemnly swear (or affirm) that I will faithfully exe- . 
‘‘ cute the Office of President of the United States, and will to 
“ the best of my Ability, preserve, protect and defend the Con- 
“stitution of the United States.” 

Section. 2. ■^’^The President shall be Commander in Chief 
of the x'\rmy and Navy of the United States, and of the Militia 
of the several States, when called into the actual Service of the 


CONSTITUTION OF THE UNITED STATES. 19; 


United States; he may require the Opinion, in writing, of the 
principal Officer in each of the executive Departments, upon 
any Subject relating to the Duties of their respective Offices, 
and he shall have Power to grant Reprieves and Pardons for 
Offences against the United States, except in Cases of Impeach¬ 
ment. 

He shall have Power, by and with the Advice and Con¬ 
sent of the Senate, to make Treaties, provided two thirds of the 
Senators present concur; and he shall nominate, and by and 
with the Advice and Consent of the Senate, shall appoint Am¬ 
bassadors, other public Ministers and Consuls, Judges of the 
supreme Court, and all other Officers of the United States, 
whose Appointments are not herein otherwise provided for, and 
which shall be established by Law : but the Congress may by 
Law vest the Appointment of such inferior Officers, as they 
think proper, in the President alone, in the Courts of Law, or 
in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that 
may happen during the Recess of the Senate, by granting Com¬ 
missions which shall expire at the End of their next Session. 

Section. 3. He shall from time to time give to the Congress 
Information of the State of the Union, and recommend to their 
Consideration such Measures as he shall judge necessary and 
expedient; he may, on extraordinary Occasions, convene both 
Houses, or either of them, and in Case of Disagreement be^ 
tween them, with Respect to the time of Adjournment, he may 
adjourn them to such Time as he shall think proper; he shall 
receive Ambassadors and other public Ministers; he shall take 
Care that the Laws be faithfully executed, and shall Commis¬ 
sion all the officers of the United States. 

Section. 4. The President, Vice President and all civil Offi¬ 
cers of the United States, shall be removed from Office on Im¬ 
peachment for, and Conviction of. Treason. Bribery, or other 
high Crimes and Misdemeanors. 


98 CONSTITUTION OF THE UNITED STATES. 


ARTICLE. III. 

Section, i. The Judicial Power of the United States, shall 
be vested in one supreme Court, and in such inferior Courts as 
the Congress may from time to time ordain and establish. The 
Judges, both of the supreme and inferior Courts, shall hold 
their Offices during good Behavior, and shall, at stated Times, 
receive for their Services, a Compensation which shall not be 
diminished during their Continuance in Office. 

Section. 2. i^^^The Judicial Power shall extend to all Cases, 
in Law and Equity, arising under this Constitution, the Laws 
of the United States, and Treaties made, or which shall be 
made, under their Authority; — to all Cases affecting Ambassa¬ 
dors, other public Ministers and Consuls; — to all Cases of ad¬ 
miralty and maritime Jurisdiction; — to Controversies to which 
the United States shall be a Party; — to Controversies between 
two or more States; — between a State and Citizens of another 
State; — between Citizens of different States, — between Citi¬ 
zens of the same State claiming Lands under Grants of different 
States, and between a State, or the Citizens thereof, and foreign 
States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers 
and Consuls, and those in which a State shall be Party, the 
surpreme Court shall have original Jurisdiction. In all the 
other Cases before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Fact, with such Ex¬ 
ceptions, and under such Regulations as the Congress shall 
make. 

■^^^The Trial of all Crimes, except in Cases of Impeachment, 
shall be by Jury; and such Trial shall be held in the State 
where the said Crimes shall have been committed; but when 
not committed within any State, the Trial shall be at such Place 
or Places as the Congress may by Law have directed. 

Section. 3. Treason against the United States, shall con- 


constitution of the united states. 


199 


sist only in levying War against them, or in adhering to their 
Enemies, giving them Aid and Comfort. No Person shall 
be convicted of Treason unless on the Testimony of two 
Witnesses to the same overt Act, or on Confession in open 
Court. 

■^“^The Congress shall have Power to declare the Punishment 
of Treason, but no Attainder of Treason shall work Corruption 
of Blood, or Forfeiture except during the Life of the Person 
attainted. 

ARTICLE. IV. 

Section, i. Full Faith and Credit shall be given in each 
State to the public Acts, Records, and judicial Proceedings of 
every other State. And the Congress may by general Laws 
prescribe the Manner in which such Acts, Records, and Pro¬ 
ceedings shall be proved, and the Effect thereof. 

Section. 2. '^^^The Citizens of each State shall be entitled to 
all Privileges and Immunities of Citizens in the several States. 

A Person charged in any State with 'Preason, Felony, or 
other Crime, who shall flee from Justice, and be found in another 
State, shall on Demand of the executive Authority of the State 
frpm which he fled, be delivered up, to be removed to the State 
having Jurisdiction of the Crime. 

[3] ]sJq Person held to Service or Labour in one State, under 
the Laws thereof, escaping into another, shall, in Consequence 
of any Law or Regulation therein, be discharged from such Ser¬ 
vice or Labour, but shall be delivered up on Claim of the Party 
to whom such Service or Labour may be due. 

Section. 3. New States may be admitted by the Congress 
into this Union; but no new State shall be formed or erected 
within the Jurisdiction of any other State ; nor any State be 
formed by the Junction of two or more States, or Parts of States, 
without the Consent of the Legislatures of the States concerned 
as well as of the Congress. 

^^^The Congress shall have Power to dispose of and make all 


200 CONST/TC/nOAr OF THE UNITED STATES. 


needful Rules and Regulations respecting the Territory or other 
Property belonging to the United States; and nothing in this 
Constitution shall be so construed as to Prejudice any Claims 
of the United States, or of any particular State. 

Section. 4. The United States shall guarantee to every State 
in this Union a Republican Form of Government, and shall pro¬ 
tect each of them against Invasion, and on Application of the 
Legislature, or of the Executive (when the Legislature cannot 
be convened) against domestic Violence. 

ARTICLE. V. 

The Congress, whenever two thirds of both Houses shall deem 
it necessary, shall propose Amendments to this Constitution, or, 
on the Application of the Legislatures of two thirds of the sev¬ 
eral States, shall call a Convention for proposing Amendments, 
which, in either Case, shall be valid to all Intents and Purposes, 
as Part of this Constitution, when ratified by the Legislatures of 
three fourths of the several States, or by Conventions in three 
fourths thereof, as the one or the other Mode of Ratification 
may be proposed by the Congress ; Provided that no Amend¬ 
ment which may be made prior to the Year one thousand eight 
hundred and eight shall in any Manner affect the first and fourth 
Clauses in the Ninth Section of the first Article; and that no 
State, without its Consent, shall be deprived of its equal Suffrage 
in the Senate. 

ARTICLE. VI. 

All Debts contracted and Engagements entered into, before 
the Adoption of this Constitution, shall be as valid against the 
United States under this Constitution, as under the Confeder¬ 
ation. 

■^-^This Constitution, and the Laws of the United States which 
shall be made in Pursuance thereof; and all Treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme Law of the Land; and the Judges in every 


CONSTITUTION OF THE UNITED STATES. 201 


State shall be bound thereby, any Thing in the Constitution or 
Laws of any State to the Contrary notwithstanding. 

‘^^^^The Senators and Representatives before mentioned, and 
the Members of the several State Legislatures, and all executive 
and judicial Officers, both of the United States and of the sev¬ 
eral States, shall be bound by Oath or Affirmation, to support 
this Constitution; but no religious Test shall ever be required 
as a Qualification to any Office or public Trust under the United 
States. 


ARTICLE. VII. 


The Ratification of the Conventions of nine States, shall be 
sufficient for the Establishment of this Constitution between the 
States so ratifying the Same. 

Done in Convention by the Unanimous Consent of the States 
present the Seventeenth Day of September in the Year of 
our Lord one thousand seven hundred and Eighty seven 
and of the Independence of the United States of America 
the Twelfth. In Witness whereof We have hereunto 
subscribed our Names, 


CD WASHINCzTON — 


Presidt and deputy from Virginia 


John Langdon 


NEW HAMPSHIRE. 

Nicholas Gilman 


Nathaniel Gorham 


MASSACHUSETTS. 

Rufus King 


CONNECTICUT. 


Wm Saml Johnson 


Roger Sherman 


NEW YORK. 


Alexander Hamilton 


■ NEW JERSEY. 


WiL Livingston 
Wm Paterson 


David B rear ley 
J oNA Dayton 


202 


AMENDMENTS TO THE CONSTITUTION. 



PENNSYLVANIA. 

B Franklin 

Thomas Mifflin 

Robt Morris 

Geo Clymer 

THO FiTZSIMONS 

Jared Ingersoll 

James Wilson 

Gouv Morris 


DELAWARE. 

Geo Read 

Gunning Bedford, Jun’r 

John Dickinson 

Richard Basseit 

Jaco Broom 

MARYLAND. 

James M’Henry 

Dan of St Thos Jenifer 

Dane Carroll 

VIRGINIA. 

John Blair 

James Madison, Jr 


NORTH CAROLINA. 

Wm Blount 

Rich’d Dobbs Spaight 

IIu Williamson 

SOUTH CAROLINA. 

J Rutledge 

Charles Cotesworth Pinckney 

Charles Pinckney 

Pierce Butler 


GEORGIA. 

William Few 

Abr Baldwin 

Attest: 

WILLIAM JACKSON, Secretary. 


Articles in Addition to, and Amendment of, the 
Constitution of the United States of America, 

Proposed by Co?igress, and ratified by the Legislatures of the 
sevef'al States, pursuant to the fifth article of the original 
Constitution. 

(ARTICLE I.) . 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 



AMENDMENTS TO THE CONSTITUTION 203 


the freedom of speech, or of the press ; or the right of the peo¬ 
ple peaceably to assemble, and to petition the Government for a 
redress of grievances. 

(ARTICLE 11 .) 

A well regulated Militia, being necessary to the security of a 
free State, the right of the people to keep and bear Arms, shall 
not be infringed. 

(ARTICLE III.) 

No Soldier shall, in time of peace be quartered in any house, 
without the consent of the Owner, nor in time of war, but in a 
manner to be prescribed by law. 

(ARTICLE IV.) 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall issue, but upon prob¬ 
able cause, supported by Oath or affirmation, and particularly 
describing the place to be searched, and the persons or things 
to be seized. 

(ARTICLE V.) 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a 
(fraud Jury, except in cases arising in the land or naval forces, 
or in the Militia, when in actual service in time of War or pub¬ 
lic danger; nor shall any person be subject for the same offence 
to be twice put in jeopardy of life or limb; nor shall be com¬ 
pelled in any Criminal Case to be a witness against himself, nor 
be deprived of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use, without 
just compensation. 

(ARTICLE VI.) 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 


204 


AMENDMENTS TO THE CONSTITUTION. 


district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con¬ 
fronted with the witnesses against him; to have Compulsory 
process for obtaining Witnesses in his favour, and to have the 
Assistance of Counsel for his defence. 

(ARTICLE VII.) 

In Suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re-examined 
in any Court of the United States, than according to the rules of 
the common law. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishments inflicted. 

(ARTICLE IX.) 

The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

(ARTICLE X.) 

The powers not delegated to the United States by the Con¬ 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

(ARTICLE XL) 

The Judicial power of the United States shall not be con¬ 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by Citizens of an¬ 
other State, or by Citizens or Subjects of any Foreign State. 

(ARTICLE XIL) 

The Electors shall meet in their respective states, and vote 
by ballot for President and Vice-President, one of whom, at 


AMENDMENTS TO THE CONSTETUTION 205 


least, shall not be an inhabitant of the same state with them¬ 
selves ; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government of 
the United States, directed to the President of the Senate; — 
The President of the Senate shall, in presence of the Senate 
and House of Representatives, open all the certificates and the 
votes shall then be counted ; — The person having the greatest 
number of votes for President, shall be the President, if such 
number be a majority of the whole number of Electors ap¬ 
pointed ; and if no person have such majority, then from the 
persons having the highest numbers not exceeding three on the 
list of those voted for as President, the House of Representa¬ 
tives shall choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken by states, 
the representation from each state having one vote ; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be 
necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall 
devolve upon them, before the fourth day of March next follow¬ 
ing, then the Vice-President shall act as President, as in the case 
of the death or other constitutional disability of the President. 
— The person having the greatest number of votes as Vice-Pres¬ 
ident, shall be the Vice-President, if such number be a majority 
of the whole number of Electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President; a quorum for the 
purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be neces¬ 
sary to a choice. But no person constitutionally ineligible to 


2o6 amendments to the constitution 

the office of President shall be eligible to that of Vice-President 
of the United States. 

(ARTICLE XIII.) 

Section i. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

(ARTICLE XIV.) 

Section i. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States, and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty, or property 
without due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the 
several States, according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of electors for president and vice-president of the United 
States, representatives in Congress, the executive and judicial 
officers of a State, or the members of the legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or in 
any way abridged, except for participation in rebellion or other 
crimes, the basis of representation shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to 
the whole number of male citizens, twenty-one years of age, in 
such State. 

Sect. 3. No person shall be a senator or representative in 


AMENDMENTS TO THE CONSTITUTION. 20/ 


Congress, or elector of president or vice-president, or hold any 
office, civil or military, under the United States or under any 
State, who having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member 
of any State legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Congress 
may by a vote of two-thirds of each house remove such disa¬ 
bility. 

Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen¬ 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United 
States, nor any State, shall assume or pay any debt or obliga¬ 
tion incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any 
slave; but all such debts, obligations, and claims shall be held 
illegal and void. 

Sect. 5. The Congress shall have power to enforce by appro¬ 
priate legislation the provisions of this article. 

(ARTICLE XV.) 

Section i. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servi¬ 
tude. 

Sect. 2. The Congress shall have power to enforce this arti¬ 
cle by appropriate legislation. 


INDEX. 


Agriculture, Department of, 133. 
Aldermen, 28. 

Alaska, 169. 

Amendments to U. S. Constitu¬ 
tion, 149, 155. 

Annexation of Texas, 167. 
Auditor, County, 30. 

Articles of Confederation, 63. 
Assessors, County, 31. 

Assessors of Taxes, 21. 
Attorney, District, 31. 

Bankruptcies, 92. 

Battle of Quebec, 58. 

Boundary, Spanish, 166. 

Bureau of Education, 129. 

Bureau of Indian Affairs, 128. 

Charges d’Affaires, 114. 
Chairman, 179. 

Cheap Postage, 122. 

Cities, 26. 

City Council, 28. 

City Government, 26. 

Clerk, 179. 

Coast Survey, 116. 
Commissioners, Road, 23. 
Committees, 182. 

Coin Money, 93. 

Congress, 75. 


Congress, Powers of, 88. 
Congress, Sessions of, 86. 
Consuls, 113. 

Committee, School, 22. 
Confederation, Articles of, 63. 
Confederation, Plan of, 65. 
Confederation, Weakness of 
Articles of, 164. 

Contest for Supremacy, 56. 
Continental Congress, Second, 
62. 

Convention, Federal, 66. 

Contest of the Kings, 55. 
Continental Congress, First, 61. 
Coroner, 3. 

Counties, 29. 

County Auditor, 30. 

County Commissioners, 29. 
County Courts 50. 

County Treasurer, 30. 

Courts, Police, 50. 

Court, Probate, 50. 

Court, Supreme, 50. 

Dates of Ratification, (Constitu¬ 
tion U. S.,) 72. 

Deeds, Recorder of, 30. 

Deeds, Registrar of, 30. 
Delegates, Territorial, 79. 
Department of Agriculture, 133 
208 



INDEX. 


Department of Justice, 129. 
Department of State, 113. 
Department of Navy, 118. 
Discovery of Gold, 167. 
Distributing Post Offices, 121. 
District Attorney, 31. 

Duties on Imports, 90. 

Education, 32. 

Election by the House (Presi¬ 
dent), 107. 

Election of Officers, 178. 
Electors, Number of, 104. 
Electors, Presidential, 103. 
Electors, Time of Choosing, 
105. 

Electors Vote, 105. 

English Settlements, 56. 
Executive Department, National, 
loi, 112. 

Executive Department, State, 
44 - 

Executive Officers, 48. 

Federal Convention, 66. 
Fifteenth Amendment, 158. 

First Continental Congress, 61. 
Florida, Purchase of, 166. 
Formation of a Society, 173. 
Form of a Constitution, 175. 
Form of Minutes, 180. 
Fourteenth Amendment, 156. 
French Settlements, 56. 

Gold, Discovery of, 167. 
Governor, 44. 

“ Term of Office, 45. 

“ Qualifications, 45. 


209 

Governor, Powers and Duties, 
45 - 

Growth of Our Country, 163. 

Highway Surveyors, 23. 

House, Officers of, 79. 

House of Representatives, Na¬ 
tional, 76. 

House of Representatives, State, 
42. 

Impeachment, 80, in. 
Impeachments, Trial of, 85. 
Imports, Duties on, 90. 

Indian Bureau, 128. 

Indian Schools, 128. 

Interior Department, 123. 

Judicial Department, National, 

137- 

Judicial Department, State, 49. 
Justices of the Peace, 49. 

Land Officer, 125. 

Law, the Making of, 43. 
Legislative Department, Na¬ 
tional, 75. 

Legislative Department, State, 
41 - 

Lieutenant-Governor, 47. 
Lighthouses, 116. 

Louisiana, Purchase of, 165. 

Making a Law, 43. 

Mayor, 27. 

Mexican Provinces, Purchase of, 
167. 

Minutes, Form of, 180. 



210 


INDEX. 


Ministers, Public, 113. 

Money and Banking, 130. 
Money, Coin, 93. 

Naturalization, 90. 

Naval Academy, 119. 

Navy, Department of, 118. 
National Element of Slow 
Growth, 75. 

New States, 146. 

Number of Electors, 104. 
Number of Representatives, 
National, 78. 

Officers, Election of, 178. 

Officers of House, National, 79. 
Officers of Senate, National, 85. 
Oregon Country, 168. 

Overseers of the Poor, 23. 

Pension Office, 125. 

Plan of the Confederation, 65. 
Police Courts, 50. 

Poor, Overseers of, 23. 

Post Office Department, 119. 
Powers of Congress, 88. 

Powers of President, 111. 
Powers, Various (Congress), 95. 
Present Condition of our Coun¬ 
try, 170. 

President, 179. 

Presiding Officer, National Sen¬ 
ate, 84. 

Presidential Electors, 103. 
Private Schools, 35. 

Probate Court, 50. 

Public Ministers and Consuls, 
113 - 


Purchase of Florida, 166. 

Purchase of Mexican Provinces, 
167. 

Purchase of Louisiana, 165. 

Putting Constitution into Opera¬ 
tion, 159. 

Qualifications (National Senate), 

^ 84. 

Qualifications of President, 108. 

Qualifications, Representatives, 
78. 

Quebec, Battle of, 58. 

Ratification (Constitution U.S.), 
Dates of, 72. 

Recorder of Deeds, 30. 

Recording Secretary, 179. 

Registrar of Deeds, 30. 

Report of Committee, 175. 

Representatives, House of (Na¬ 
tional), 76. 

Representatives, Qualifications 
of, 78. 

Representatives, Number of, 78. 

Republican Government, 148. 

Restrictions upon National Gov¬ 
ernment, 97. 

Restrictions upon States, 97. 

Road Commissioners, 23. 

Rules of Procedure, 173. 

Salary of President, 111. 

Salary, Senators and Represen¬ 
tatives, 87. 

School Commissioner, 31. 

School Committee, 22. 

School Superintendent, 31c 



INDEX. 


21 I 


Second Continental Congress, 
62. 

Secretary, 179. 

Selectmen, 20. 

Senate (National), 81. 

Senate (State), 42. 

Senators, How Chosen, 82. 
Settlements, French, 56. 

Sessions of Congress, 86. 
Settlements, English, 56. 

Sheriff, 3. 

Size of Additions to U. S., 168. 
Slow Growth of National Ele¬ 
ment, 75. 

Spanish Boundary, 166. 

Spanish Settlements, 55. 

.State Governments, 39. 
Superintendent of Schools, 31. 
Supremacy, Contest for, 56. 
Supreme Court, 50. 

Supreme Law of the Land, 150. 
Supreme Moment in N. A., 57. 
Surveyors, Highway, 23. 

“ Sweeping Clause,” 95. 

Taxes, Assessors of, 21. 
Territories, 147. 


Territorial Delegates, 79. 

Texas, Annexation, 167. 
Thirteenth Amendment, 156. 
Time of Choosing Electors, 105. 
Town, the, 17. 

Town Clerk, 19. 

Town Officers, 18. 

Town Treasurer, 20. 

Treason, 140. 

Treasurer, 181. 

Treasurer, County, 30. 

Treasury Department, 115. 
Treasury Notes, 132. 

Trial of Impeachments, 85. 

Various Powers (Congress), 95. 
Vice-President, 109. 
Vice-President elected by Senate, 
108. 

War Department, 117. 

Warrant for Town Meeting, 24. 
Weakness of Articles of Con¬ 
federation, 164. 

Weights and Measures, 94. 

West Point, 117. 

Whole Country at Present, 169. 








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4. 


I A 







THE NEW STATE CAPITOL, ALBANY, 

























































































































PRINCIPLES 

OF 

CIVIL GOVERNMENT 


Exemplified in tbe Government 

OF THE 

State of New York 


BY 

EMERSON W. KP:YES 

Counsellor at Law 





SILVER, BURDETT & COMPANY 
New York BOSTON Chicago 
1892 

Go /^ - 3 


Copyright, 1892, 

By silver, BURDETT & COMPANY. 


Typography by J, S. Cushing & Co., Boston. 


Presswork by Berwick & Smith, Boston. 



PREFACE. 


The contents of this book are not to be learned by heart 
as one learns the multiplication table. Some things must 
be learned in that way; Civil Government is not one of 
them. This branch of study is not merely so many facts 
to be learned and remembered in set formulas of words, 
but certain principles to be comprehended, of which the facts 
are the expression or illustration. It is a principle in the 
administration of government that there must be an officer 
charged with the duty, and invested with the power, of col¬ 
lecting and enforcing the payment of taxes. Whether he 
shall be styled a collector, or a receiver of taxes, or whether 
the duties and powers of such office shall be imposed upon 
some other officer having related duties, as the treasurer, 
is a mere detail of fact, of subordinate importance. The 
fact is liable to change at any time; the principle will abide 
— there will at all times be somebody, by whatever title known, 
charged with the duty of seeing that the taxes are paid. 

In this view, this work may be as acceptable and as useful 
in other states as in New York. Knowledge concerning the 
government of New York must have value everywhere. The 
details of government in each state may, perhaps, be all the 

5 


6 


PJy^EFACE. 


more effectively taught, when brought in comparison with 
those of another state. 

When a pupil thoroughly grasps a principle, he will look for, 
and if need be, will find, the facts to fit it; or if these be pre¬ 
sented to him, he will seize upon them as the natural or 
necessary complement of the principle which has already 
found lodgment in his mind. The two must go together; 
but herein precedence is given to principles which the facts 
exemplify. 

This treatment of the subject calls for less remembering, 
but for more thinking. If the thinking be well done, the 
remembering will take care of itself. IMemory never fails with 
those who think. But thinking is naught with those who 
can do nothing but remember. The one thing needful in our 
schools is that the pupils be got out of the rut of merely 
remembering, and be induced to try their powers in the 
broad field of thought. 

To effect this, we must have teachers who can do some¬ 
thing besides listen. They must know how to think and how 
to teach others to think. They must know — or must be 
able to learn — something outside of the text-book. No text¬ 
book can contain all that should be taught of a given subject. 

The author believes that the efforts which have been made 
within the last few years by public school authorities, and 
what is more important, by the teachers themselves, to raise 
the professional standard of teaching, have been fruitful in 
good results. Hence he submits to them this work in full 
confidence that they will discern and apply what is useful 
in it; and will supplement with their own intelligence and 


PREFACE. 7 

research whatever has been omitted which to them seems 
of importance. Two books, which ought to be in every school 
district library accessible to teachers for reference, are com¬ 
mended to their consideration. They are the Legislative 
Manual and the Civil List. These are not text-books in 
any sense, but are full of useful information relating to the 
government and affairs of this state. Though prepared for 
legislators and public officers, they are useful for everybody, 
and can probably be procured from the Albany publishers. 

Upon Brooklyn teachers I do not need to urge the free 
use of the Eagle Almanac, which is upon the book-list of 
Brooklyn schools. The limitations imposed in the preparation 
of the text of this work permitted only the most general 
discussion of the principles of municipal organization. These 
must be supplemented in each locality by local sources of 
information. It would be a great convenience if every city, 
through its authorities, or at the instance of private enterprise, 
were furnished with a manual containing all the facts of 
interest concerning its government and affairs, after the style 
of the Brooklyn annual above referred to. 

Let me here acknowledge my obligation to the City Super¬ 
intendents of schools in the state, who favored me with 
valuable information concerning the municipal organization 
of their respective cities. Their aid was invaluable in the 
preparation of the chapter upon cities. I regret that I was 
unable to make as free use of the material furnished as I had 
planned; but much that I desired to insert I was constrained 
to omit lest the work be overloaded. Hence particulars had 
to give way to generalities. 


8 


PREFACE. 


In conclusion : No effort has been made to write the 
subject down to the comprehension of pupils in primary or 
lower grammar grades. When a pupil is old enough or mature 
enough to study ^:ivil government, he is old enough and 
mature enough to study it in the language in which it should 
be written, and with which he must familiarize himself in 
the practical discharge of his duties as a citizen. The meaning 
of new or special words he will acquire in using them, as 
he has acquired the chief part of his vocabulary. To facilitate 
his efforts, a list of definitions of the more technical words 
is given at the end of the book. 

EMERSON W. KEYES. 

27 Monroe Street, 

Brooklyn, N.Y., July, 1892, 


CONTENTS 


PART 1. 

CHAPTER page 

I. Introductory —The Law .ii 

11 . The State — Past, Present, Future . . .18 

PART II. 

HISTORICAL SKETCH. 

1 . Settlement and Dutch Rule.20 

II. English Rule.26 

III. Government by the People. 33 

PART III. 

THE STATE GOVERNMENT. 

Preliminary.38 

1 . The Legislative Department. 39 

II. The Executive Department . - . . . .46 

HI. The Administrative Department . . . .49 

IV. The Judicial Department.54 


9 






10 


CONTENTS. 


PART IV. 

CIVIL DIVISIONS OF THE STATE. 

CHAPTER PAGE 

I. Preliminary Suggestions.73 

II . The Town.76 

III. The County.78 

IV. Relation of Towns, Counties, Villages, and Cities 

TO THE State.81 

V. Villages.83 

VI. Cities.86 

PART V. 

MISCELLANEOUS TOPICS. 

I. Classification of the Law.93 

II. Elections.98 

Section I. Preliminary ....... 98 

Section II. Official Preparation . . . . .107 

Section III. The Voting ...... 109 

Section IV. Canvassing the Vote.112 

Section V. Supplementary . . . . . -113 

III. Taxation.118 

Section I. Assessment . . . . . . .118 

Section II. How Taxes are Levied . . . .121 

IV. Education.125 

V. Eminent Domain.137 

VI. Law and Equity.139 

APPENDIX.141 














CIVIL GOVERNMENT IN THE STATE 
OF NEW YORK. 


-- 

Part I. 

CHAPTER I. 

INTRODUCTORY. — THE LAW. 

“ The Strength of the Law is in the Reasonableness of the I.aw.” 

— Old Maxim. 

It is not possible to conceive of a civilized and enlight¬ 
ened people existing without law. Even savage and 
barbarous peoples recognize some authority, in chief or 
council, whose mandates they obey. 

Law is defined to be “A rule of action.” Applied to 
organized human society, the law consists of those rules 
and regulations by which its members consent to be 
governed, when promulgated by the agency appointed 
or accepted by them for that purpose. 

Object of Law. — The primary purpose of the law is 
mutual protection in the enjoyment of life, liberty, and 
property. 

Not for the Prevention of Crime Only. — It by no 
means follows that this purpose is chiefly served through 


12 


CIVIL GOVERNMENT IN NEW YORK. 


laws for the prevention of crime and the punishment of 
criminals. A comparatively small portion of the law 
relates to crimes or criminals. 

With what Matters the Law concerns itself. — Illus¬ 
tration. — The law concerns itself, chiefly, with the rights, 
privileges, relations, and duties of those who have no 
inclination to commit crime. But human nature is falli¬ 
ble, and if each individual were left to his own judgment 
and impulses, it is quite certain that some would meas¬ 
ure their rights and privileges without due consideration 
for the rights and privileges of others. 

If under these conditions peace were preserved and 
order maintained, it could be only through the submis¬ 
sion of the weak to the imperious will of the strong. 
But without law, the strong would be unable to adjust 
among themselves the measure of their respective rights 
and privileges. There is, therefore, no way by which a 
civilized social state can be maintained except by the 
authority of law. 

First. This must be invoked to define what are the 
natural and just rights of every member of the social 
state, which no power or authority will be permitted to 
invade or to abridge. 

Second. The law must not only define and fix the 
punishment for crimes and misdemeanors, but it must 
define and provide remedies against fraud and abuses 
of public or private trust. 

Third. The duties of individuals in their domestic 
and social relations and in their business intercourse 
and dealings with each other must be regulated by law. 

What the Law does. — The law promotes the welfare 
of all through rational restraint upon the liberty of each. 


INTRODUCTORY.—THE LAW. 


13 


It prosecutes great public improvements which would be 
impossible without its intervention. It promotes indus¬ 
trial and commercial intercourse and exchange, through 
its provisions for the construction of highways, bridges, 
and canals ; and through its grants of corporate power 
for the building of railways. Its intervention makes 
possible the inception and development of industrial, 
commercial, and financial enterprises of great value to 
the people. It guards the public health against pesti¬ 
lence and contagious disease. It regards the weak, the 
defenceless, and the indigent as objects of its special 
solicitude and care. It fosters public education by large 
grants for the support of common schools and for higher 
education. These are some of the objects with which a 
code of laws for a great state concerns itself. The 
power in a constitutional government which makes , the 
laws is known as The Legislature. It may bear other 
names, as in Great Britain the Parliament, in Massa¬ 
chusetts the General Court, and in the United States 
the Congress; but these are all legislative bodies and 
constitute the Legislative departments of their respec¬ 
tive governments. 

Law is Naught unless enforced. — The enactment of 
laws would avail but little if no provision were made for 
their enforcement. The lawless and depraved would 
pursue their evil courses without restraint. The rela¬ 
tions and interests which it is the intent of the law to 
promote, would find neither protection nor encourage¬ 
ment in volumes of laws which proved to be only so 
many pages of wholesome advice. 

The necessity for a constituted power for the enforce¬ 
ment of the law is thus brought to view. 


14 


CIVIL GOVERNMENT IN NEW YORK. 


The Executive.—This constituted power is known as 
the executive, and in the several states, as also in New 
York, he bears the title of governor. 

The governor does not go forth in person to seek out 
violations of the law and to enforce obedience. The 
sheriff of a county, even a constable in a town, may do 
more in the way of direct enforcement of the law than 
the governor himself. The governor is, however, in law 
and in fact the chief executive, through the power given 
him to suspend and to remove public officers for neglect 
of duty, and especially through his power to call out the 
militia to suppress any violent outbreak, disorder, or in¬ 
surrection with which subordinate local officers are 
unable to cope. 

Another Power Needed. — But with only a Legislature 
to enact laws and an executive and other officers to exe¬ 
cute or enforce them, the state would still lack an essen¬ 
tial, indeed a vital element for its peace and protection. 

Why it is Needed. — It cannot be supposed that there 
would be universal agreement concerning the meaning 
of the law. Besides, even when the law is quite clear, 
there will arise questions concerning how it is to be en¬ 
forced, against whom it is to be enforced, and the con¬ 
ditions which demand its enforcement ; and the answer 
to them will be largely affected by the facts in any given 
case. For example ; It is the law that if one owes he 
shall pay ; if one has entered into an agreement, he 
shall live up to its terms, or pay damages for refusing to 
do so. But suppose that when the executive officer, 
prepared to enforce the law against one, comes upon the 
complaint of another that the former owes him money 
which he refuses to pay, or that he refuses to carry out 


INTRODUCTORY. — THE LAW. 


15 


an agreement which he has made, — the party com¬ 
plained of denies that he owes the other any money, or 
sets up that the agreement in question was obtained 
from him by fraud which makes it void in law, what 
then is the’ officer to do ? 

Here is presented a situation demanding the inter¬ 
vention of another agency with power to adjust and 
determine the controversy. 

These questions — What is the law } and What are 
the facts that call for its enforcement } — concern more 
people and concern them more deeply, than does the 
enactment of laws by the Legislature. 

The necessity, therefore, for some tribunal, or system 
of tribunals, constituted and empowered to determine 
these questions, in the multitude of controversies that 
are sure to arise, does riot seem to require further expo¬ 
sition here. 

The agency thus constituted to expound and interpret 
the law, and to find the facts to which the law is to be 
applied, is called the Judiciary. 

Three Agencies of Government. — We find then these 
three agencies having their defined relations and duties 
with respect to the laws by which a civilized and enlight¬ 
ened people submit themselves to be governed. 

1. The Legislature, which makes the laws. 

2. The Executive, which executes or enforces the laws. 

3. The Judiciary, which expounds and interprets the laws, and 
applies them to the facts found through its instrumentality. 

Civil Government. — This system of agencies by which 
law is enacted, enforced, and expounded, is what is 
known as Civil Government. 


16 CIVIL GOVERNMENT IN NEW YORK. 

It may be noted here that there is a large class of 
officers whose agency in the government is administra¬ 
tive rather than executive. These and their duties will 
be considered later. 

In despotic governments, these several powers are all 
vested in a supreme ruler whose decrees are the law of 
the realm. Ministers of state and of justice, appointed 
by him, execute his will and dispense justice as he di¬ 
rects or permits. He can enforce obedience through 
his army. 

Blending of Powers. — It will also be found that there 
is no clearly defined line of demarkation between these 
agencies or departments of the government, such as 
would appear from our exposition thus far. At many 
points they cross the strict line defined by the powers 
and duties usually ascribed to them, and blend their 
functions in the practical duties of the public service. 

The executive becomes an important factor in legis¬ 
lation through the exercise of the veto power, of which 
more will be learned hereafter. 

He also exercises important judicial powers in grant¬ 
ing or refusing to grant reprieves, commutations, and 
pardons for criminals convicted and sentenced to punish¬ 
ment ; also, in the removal from office of those found 
by him to be guilty of offences which seem to justify 
that severe proceeding. 

The Legislature exercises judicial powers in impeach¬ 
ments and the trial thereof; also in the examination of 
witnesses whom it may summon, and in punishing con¬ 
tempts of its authority. 

The law-making power of the judiciary is considered 
in Chapter L, Part V. 


INTRODUCTORY. —THE LAW. 17 

Experience has shown that this blending of powers, 
to the limited extent for which it has the sanction of 
law, is wise and salutary. It is not in conflict with the 
fundamental principle of the supremacy of each depart¬ 
ment of the government within its own sphere, for the 
sphere of each is that defined by law. Each is forbid¬ 
den to invade the prescribed domain of the other. 


QUESTIONS ON CHAPTER I., PART I. 

Note. — It should be understood that all the questions in this book are only by way of 
hint or suggestion. The teacher will know, or should know, much better than the 
author can know, the kind and the number of questions required to test the pupils’ 
knowledge of the subject. 

1. What is law as applied to human society? 

2. Why can there be no civil society without law? 

3. What is the primary object of law? 

4. Mention some of the matters with which the law concerns itself. 

5. Mention some of the things accomplished through its operation. 

6. By what general name is the law-making body known? Name 
some of its specific titles. 

7. Through what department or authority is the law made effective? 
Give illustrations of the exercise of executive power. 

8. What other agency besides the legislative and the executive is needed 
to make a government by law effective? Illustrate the need of this agency, 
from the text, or from your own experience, observation, or thought. 

9. Give illustrations of the blending of legislative, executive, and 
judicial powers. 



i8 


C/F/L GOVERNMENT IN NEW YORK, 


CHAPTER IL 

THE STATE; PAST, PRESENT, AND FUTURE. 

“ What constitutes a state ? 

Men who their duties know, 

But know their rights, and knowing, dare maintain. 
**♦♦***♦♦ 

And sovereign law, that state’s collected will, 

O’er thrones and globes elate. 

Sits Empress, crowning good, repressing ill.” 

— Sir William Jones. 

“A thousand years scarce serve to form a state.” 

— Byron. 

Our discussion concerns an actual, not an ideal state. 

We find a mass of people spread over a large terri¬ 
tory, engaged in various avocations yielding a liveli¬ 
hood, or resulting in the accumulation of wealth. 

Vast and powerful agencies for the promotion of 
material interests are subject to their management and 
control. 

Institutions, beneficent, educational, and religious, are 
formed and maintained. 

Order reigns without repression of individual rights. 

Justice, sometimes slow, not always absolutely sure, 
yet at most points ever watchful, pursues the criminal 
and visits upon him the penalty for his misdeeds. 

The supremacy of the law is conceded and its man¬ 
dates are accepted and obeyed. 


THE STATE.- PAST, PRESENT, FUTURE. IQ 


These conditions did not come into being yesterday. 
They are the growth of centuries. From what previous 
conditions and experiences are they the evolution } 
A thousand years ago they were not. A thousand years 
hence they will not be the same. 

What central, vital thought, what steadfast purpose, 
held through all the vicissitudes of the centuries past, 
is the inspiration and the reliance of social order as it is 
found to-day } 

What animating spirit, what steadfast purpose, what 
firm conviction, held and cherished to-day, may we be¬ 
lieve and hope will hold sway through the years and 
centuries to come } Is it the love of liberty } Is it be¬ 
lief in the possession by man of natural rights which it 
is the duty of governments to maintain and which they 
may not with impunity assail } Is it a firm conviction 
that these rights and their incidents are more secure 
under a government established by the people, and ad¬ 
ministered by agents of their own choosing } Is it re¬ 
spect for law } Is any one or all of these, the hope and 
reliance for that future which is to take its form and 
spirit from the social order of to-day 

To answer these questions we must know something 
of the inception and growth of the state; in brief, some¬ 
thing of its history. 


QUESTIONS ON CHAPTER II., PART I. 

1. Outline some of the conditions which characterize a state. 

2 . What reflections do these conditions suggest? 



Part II. 


HISTORICAL SKETCH. 

CHAPTER I. 

SETTLEMENT AND DUTCH RULE. 

When Henry Hudson, an English navigator in the 
Dutch service, in 1609 sailed up the beautiful river 
which now bears his name, it was with no purpose to 
find or found a state. 

The dream of Columbus, a hundred years before, to 
reach the Indies by sailing due west from Europe, had 
been dissipated before Hudson’s time. The barrier of a 
coast, explored north and south for thousands of miles, 
forbade the indulgence of that hope. 

But the hope was cherished that through some of the 
waters opening up the interior of the continent, a pas¬ 
sage might be found into the great ocean that washed 
the shores of the east. 

This was the motive of Hudson’s voyage. 

Commercial Enterprise Stimulated.—Trade, not set¬ 
tlement, was his mission. Failing to find a new chan¬ 
nel through which to reach the trade of the east, he 
dwelt upon the advantages to be derived from opening 
up trade with the natives of the west. Beaver and 


20 


SETTLEMENT AND DUTCH RULE. 


21 


Other furs were a valuable article of merchandise in 
Europe, and could be secured in large quantities from 
the Indians in exchange for commodities, at rates that 
would yield a handsome profit. The merchants of 
Amsterdam were not slow to avail themselves of the 
advantages which the discoveries of Hudson revealed. 
Vessels were despatched to the new country for the 
purpose of securing this trade. 

An Agency Established. — The business was so pros¬ 
perous that it became necessary to establish an agency 
on Manhattan Island, to look after the interests of the 
traders during the intervals between the voyages. 

The occupation of the country by the Dutch was in 
opposition to the claims of the English, but it was not 
until many years after that the latter sought to enforce 
their claim. 

Efforts of the Dutch to Make Secure their Possession. 
— The Dutch were, however, apprehensive of the inter¬ 
ference of the English, and sought to strengthen their 
hold upon the new country by offering exclusive and 
valuable privileges in trade, for a period of years, to 
those who would prosecute further discoveries. The 
scheme was successful. A large tract of country was 
explored and surveyed on both sides of the Hudson 
River, and along the Atlantic coast as far south as Dela¬ 
ware Bay. To the merchants who had prosecuted these 
discoveries, the government of the Netherlands granted 
a charter with liberal provisions for exclusive trade with 
the new country for a period of five years. 

Trade, not Settlement. — But this again was all in the 
interest of trade, and not of permanent settlement. 
The government named its possessions in the new 


22 


CIVIL GOVERNMENT IN NEW YORK. 


world New Netherland, and the corporation of mer¬ 
chants was styled the “United Netherland Company.” 

The West India Company.— But in 1621 a more per¬ 
manent organization was formed, under the name of the 
“West India Company,” 

Besides exclusive privileges of trade, the home gov¬ 
ernment conferred upon this corporation nearly all the 
powers and functions of a regular government over the 
territory of New Netherland. The will of the corpora¬ 
tion was made supreme. Absolute power was vested in a 
director-general and council appointed by the company. 

Such was the inception of government in this state. 
The director-general was in fact the government, for 
the council were submissive to his will. It was practi¬ 
cally an absolute monarchy, limited only by a condition 
that the government should be administered according 
to the laws of the parent country — a condition to 
which little heed was given. 

First Settlement. — Under the auspices of the West 
India Company, a colony of settlers was established, 
in 1623, on the present site of Albany, then called 
Fort Orange. 

Headquarters were soon afterwards removed to Man¬ 
hattan Island, — called New Amsterdam. A larger 
colony, with a larger equipment of cattle, horses, and 
other domestic animals, joined this settlement in 1625. 

Character of the Early Settlers. — These first settlers 
in New Netherland were an honest, industrious, and 
religious people. They were of the same faith as the 
Huguenots, and were admirable material with which to 
found a state. Honest and sincere in their convictions, 
they held these with less of the spirit of bigotry and 


SETTLEMENT AND DUTCH RULE. 


23 


of intolerance toward the honest convictions of others, 
than some of the other colonists. 

Growth of the Colony.—The settlement increased 
and prospered, with such vicissitudes as were common 
to all the American colonies. Other settlements were 
established on Long Island and along the Hudson. 

Struggle for Popular Rights. — But this growth and 
moderate prosperity was attained in the midst of a con¬ 
stant struggle between the people and the government. 
The former demanded representation in the council, 
in order that they might have a voice in the levying 
of taxes. This was refused. 

The Indians become Hostile. — At length, a common 
peril — common alike to the West India Company and 
to the people — wrung from the government a concession 
which had been denied to the claims of right and jus¬ 
tice. The Indians had become hostile, and committed 
depredations on property ; nor did they spare the lives 
of the settlers. The government was powerless. 

A Council of the People. — In this extremity Director 
Kieft, in 1641, invited the citizens to meet and con¬ 
sider measuresTor defence. This was the first Assem¬ 
bly of the people looking toward a participation in the 
councils of the government. It was a concession, by 
the authorities, of the fact that the government might 
be stronger with the aid and support of the people 
than without them. The Assembly met and appointed 
“twelve selectmen” to represent them in advising with 
the director-general. This advisory council met on the 
following day and declared in favor of war against the 
Indians. But obstacles intervened which postponed 
actual hostilities. In the following year the council of 


24 


CIVIL GOVERNMENT IN NEW YORK. 


twelve men again met, and formally demanded partici¬ 
pation in the government. This was refused, and 
shortly after the council was abolished by the director. 

The Council of Eight Men. — But in 1643 the stress 
of war again induced the director-general to call an¬ 
other Assembly of the people, to appoint another coun¬ 
cil. The Assembly met and appointed a “council of 
eight men ” to consider and take action in the emer¬ 
gency. The peril to the colony had became very great. 
The council met and proceeded with vigor. In their 
extremity they sought and in a measure secured the co¬ 
operation of the English colonists, who were of course ex¬ 
posed to like perils with themselves. Here was the germ 
of that union which had fruitful results in after times. 

An Appeal to the Home Government.— The council 
further appealed to the home government against the 
tyranny of the director, and for a share in the govern¬ 
ment. Their demands were complied with to the extent 
only of the recall of Kieft, who was succeeded by Stuy- 
vesant. 

Stuyvesant’s Rule — ‘‘ Council of Nine Men.^’ — Stuy- 
vesant inaugurated his administration with considerable 
vigor. Elections were held in the different settlements 
near New Amsterdam, to choose eighteen men, from 
whom the director selected nine to hold Courts of Arbi¬ 
tration, and to advise the director and council on all 
matters that might be submitted to them"' This was 
the first inferior court established in this state. The 
council of nine men could also refuse their consent to 
the levy of taxes for purposes which they did not ap¬ 
prove. This was clearly an advance in the direction of 
popular rights. 


SETTLEMENT AND DUTCH RULE. 


25 


But these concessions were grudgingly made, and the 
director, at every point, opposed the demands of the 
council of nine for larger powers to be vested in* the 
hands of the people. 

Another Appeal to the Home Government. — An appeal 
to the home government again brought partial relief. 
And thus the struggle went on. It is impossible here 
to recount its incidents. Our purpose is only to note 
briefly the growth and progress and ultimate triumph 
of the spirit of liberty. 


QUESTIONS ON CHAPTER I., PART II. 

1. What was the purpose of Hudson’s voyage to America? What was 
its result? 

2. What was the motive of the voyages of the Dutch merchants upon 
the disclosure of Hudson’s discoveries? 

3. When was the West India Company formed? What powers were 
conferred upon it? What settlements were made under it? 

4. What names were given to the new country, and to the new settle¬ 
ment, by the Dutch ? 

5. What constituted the government of the colony under the West 
India Company? 

6 . Describe the nature of the conflict between the colonists and the 
government. 

7. When was the first assembly of the people called? By whom? For 
what purpose? With what result? 

8. When and for what purpose was the second assembly of the people 
called? 

9. What was the effect of an appeal to the home government for the 
exercise of larger powers by the people? 

10. Character and effect of Stuyvesant’s rule. 



26 


CfVIL GOVERNMENT IN NEW YORK. 


CHAPTER 11 . 

ENGLISH RULE. 

Under the Duke of York. — In 1664 the English en¬ 
forced their claim to the territory and took possession 
of the country. The Duke of York, to whom the coun¬ 
try had been ceded by his brother King Charles II., 
was practically the head of the new government, with 
powers as absolute as those of the late West India 
Company. 

The change was at first not altogether distasteful to 
the colonists, who had become restive under the tyran¬ 
nical sway of Stuyvesant, and the denial of their rights 
by the West India Company and the home authorities. 
New Netherland and New Amsterdam were superseded 
by New York. 

No Gain for Liberty by the Change of Rulers. — As 
might have been anticipated, however, very little was 
gained for liberty and popular government by this 
change of rulers. The English governors, one after 
another, all brought with them from England, English 
notions of the relations between the governing power 
and the governed classes. The former was a conse¬ 
crated investiture; the latter were, or should be, its 
humble and obedient worshipers. 

The Struggle Renewed. — Taxes were levied upon the 
people without authority of law. Appeals and pro- 


ENGLISH RULE. 


27 


tests were unheeded, or scornfully rejected. Repeated 
demands by the people for a popular Legislative Assem¬ 
bly were refused. In response to one of these, the 
Duke of York wrote to Governor Andros that “popu¬ 
lar assemblages were dangerous to government, and 
that he saw no use for them.” This illustrates the 
spirit of the government over the colony in that day. 

The Resistance of the People Rewarded. —At length, 
however, the opposition of the people became so pro¬ 
nounced that the Duke of York, apprehensive of loss 
to his revenues from the colony, sent out as governor 
Thomas Dongan, with authority to convene a General 
Assembly. This assembly convened in 1683. Thus, 
after seventy years of conflict, the colony seemed upon 
the point of gaining its right to choose its own rulers 
and to frame its own laws. 

A Memorable Proceeding.—The first act of this first 
General Assembly of the Colony of New York was 
entitled “ Charter of Liberties and Privileges granted 
by His Royal Highness to the Inhabitants of New 
York and its Dependencies.” It vested supreme legis¬ 
lative power in the governor, council, and the People 
met m Ge^teral Assembly!' The charter defined in 
clear and compact terms the rights and privileges of 
the people. In its way, and for the time, it was as 
memorable an instrument as the Declaration of Inde¬ 
pendence, which came some ninety years later. It 
concluded with these words : “ No person professing 
faith in God by Jesus Christ, shall at any time be anyways 
disquieted or questioned for any difference of opinion.” 

Under the King of England. — The Assembly Abol¬ 
ished.— In 1685 the Duke of York became King of 


28 


CIVIL GOVERNMENT IN NEW YORK. 


England, under the title of James 11 . Within a year 
and six months after his accession to the throne, he, 
as king, abolished the Assembly, which, as Duke of 
York, he had authorized. He sought to undo in all the 
colonies all that had been done for liberty and progress. 
He prohibited the use of printing-presses, forbade town 
meetings, discouraged the continuance of public schools, 
— that nursery of foes to despotism, — levied oppres¬ 
sive taxes, and restored all the abuses in government of 
which the people had complained. 

The Assembly Re-established. — William and Mary 
ascended the throne in 1688. In 1691 Governor 
Sloughter arrived in the colony with authority to re¬ 
establish the Assembly. This was done, and the Assem¬ 
bly convened in that year and substantially re-enacted 
the Charter of Liberties adopted by the Assembly of 
1683. It was, however, rejected by the king in 1697. 

The People hold their Own — at last. — From this 
time forward, the right of the people to maintain a Gen¬ 
eral Assembly was not disputed. The last session of 
the last General Assembly was held April, 1775 — dur¬ 
ing the period of transition from colonial dependence to 
national independence. 

During all this period of more than eighty years, a 
conflict was waged between the governor and council 
representing the king, on the one hand, and the Gen¬ 
eral Assembly representing the people, on the other, 
concerning their respective powers and prerogatives in 
the administration of the government. 

Character of the Conflict. — The essence of the con¬ 
flict is revealed in the reply of Governor Fletcher to a 
demand of the General Assembly that he should account 


ENGLISH RULE. 


29 


for the expenditure by him of the taxes and revenues. 
He refused, saying that it was the business of the Assem¬ 
bly to raise money, and of the governor and council to 
expend it. 

Incidents of the Conflict.—The Assembly refused to 
pass revenue bills for the crown for a longer period 
than two years ; the council amended by making it for 
five years, and the governor demanded that a revenue be 
settled upon the crown for life. This was refused, but 
at one time a compromise was reached, on five years, in 
return for some concession by the king. The Assembly 
denied the right of the council to amend money bills. 

The Assembly protested against the right of the gov¬ 
ernor, under commission from the crown, to appoint 
judges, justices of the peace, and other judicial officers, 
claiming that it was the prerogative of the Assembly, 
and not of the king, to establish courts of justice. 

The usual appropriations for the support of the co¬ 
lonial government were for two years, but in 1737 the 
Assembly limited the appropriations to one year, and in 
the acts specified what sums were to be expended for 
certain services, and fixed the salaries of certain officers 
by name, thereby asserting its right to dispose of the pub¬ 
lic moneys, and to nominate officers of the government. 

Despotic Powers exercised by the Governor. — The 
governor had absolute power to veto any act of the 
Assembly, but this availed little, as it was powerless 
to secure the passage of such bills as he would be glad 
to approve. He dissolved Assembly after Assembly, 
but each was succeeded by another which as stubbornly 
maintained the rights of the people and its own prerog¬ 
atives, as its predecessors had done. 


30 CIVIL GOVERNMENT IN NEW YORK. 

Colonial Unions. — Prior to 1764, temporary unions 
between the colonies had been formed for the purpose 
of mutual defence against the Indians, or to form com¬ 
pacts with them for the maintenance of peace. 

But the first movement for a union of the colonies to 
resist the aggressions of the crown, was instigated by 
the New York General Assembly in 1764. A com¬ 
mittee was appointed . . . “to correspond with the 
Assemblies of other colonies, relative to the oppressive 
commercial legislation of Parliament,” and also “on the 
subject of the impending dangers which threaten the 
colonies by being taxed by laws to be passed in Great 
Britain.” In pursuance of this movement for a con¬ 
ference, and of similar action on part of the General 
Court of Massachusetts in 1765, a conference was held 
at New York in October of that year, at which the col¬ 
onies of Massachusetts, Connecticut, Rhode Island, 
New Jersey, Pennsylvania, Delaware, Maryland, South 
Carolina, and New York were represented. 

This, though styled a conference, was the First Colo¬ 
nial Congress in America. 

The conference agreed upon a declaration of “ rights 
and grievances ” addressed to the people of England 
and America, in which the right of the colonies to tax 
themselves, the right of trial by jury, and the right of 
petition, were urgently set forth. It also adopted a 
petition to the king, and another to Parliament. Doubt¬ 
less the passage by Parliament of the odious “ Stamp 
Act,” which had infiamed the country, and which was 
to go into effect in November, lent force and fervor to 
these appeals. The New York Assembly, in November, 
ratified the proceedings of the Colonial Conference. 


ENGLISH RULE. 


3 


The Stamp Act. — Owing to the violent opposition of 
the colonists, and the retaliatory measures of the mer¬ 
chants of New York, Philadelphia, and Boston, in refus¬ 
ing to purchase goods from Great Britain, the Stamp 
Act was repealed early in 1766. But its repeal was 
accompanied by a declaration that “ tJie Parlia7nent had 
the right to bind the eolonies in all cases whatsoever." 
This did not suit the colonists, who stood for prin¬ 
ciple. 

Divisions among the People. — But divisions arose 
among the people as to the policy to be pursued. Some 
were for peace, others for suspension of trade, others 
for a union of all the colonies against the aggressions of 
the home government. They were well styled the 
Party of Peace, the Party of Action, and the Party of 
Union. 

An Assembly Indifferent to the Will of the People. — 

Through these divisions, a General Assembly was elected 
in 1669, less aggressive in its hostility to the govern¬ 
ment of Great Britain than its predecessors had been. 
Under the pretence of duty to the crown, it voted sup¬ 
plies to the British troops stationed at New York. This 
roused fierce indignation, and a circular was issued 
denouncing the Assembly for its disloyalty to the 
people. 

The Crisis at Hand. — Affairs were approaching a 
crisis. The vindictive measures of the Parliament, 
against Boston, aroused the loyal sentiment of the 
country. The merchants of New York organized a 
committee of fifty-one to voice the sentiment of the 
people, to urge concert of action and the calling of a 
general congress of the colonies. 


32 


CIVIL GOVERNMENT IN NEW YORK. 


Another Colonial Congress Called. — Boston called the 
Congress, which convened in Philadelphia, in Septem¬ 
ber, 1774. Eleven colonies were represented. This 
ivas the Second Colonial Congress. 

The people of New York were now thoroughly united, 
but the Royalists in the Assembly refused to hear their 
voice. There were true and loyal men in it, but as a 
body, it had no part in the patriotic movements of the 
time. On the 3d of April, 1775, it ceased to be — and 
it had no successor. A new order of things was now 
entered upon. 


QUESTIONS ON CHAPTER II., PART II. 

1. When and under whom did the English take possession of the 
colony? 

2. State some of the characteristics of the English rule. 

3. What, finally, was effected through the continued resistance of the 
people to the tyranny of the government? 

4. What was the effect upon the colony of the accession of the Duke 
of York to the throne of England? 

5. Under whose reign and under what governor was the General 
Assembly re-established? 

6. What was the duration of this grant of an Assembly? 

7. Did the colony through its Assembly secure all the rights and privi¬ 
leges claimed by it? 

8. Describe the nature of the conflict between the Assembly and the 
governor and council. 

9. When was the first colonial conference held? By whom was it first 
suggested? What was its object? What did it accomplish? 

10. Give an account of the General Assembly of the colony, elected in 
1669. 

11. What crisis in the affairs of the colony and of all the American 
colonies was then approaching? 

12. Describe the spirit of the people toward this Assembly during this 
period. 



GOVERmiEATT BY THE PEOPLE. 


33 . 


CHAPTER HI. 

GOVERNMENT BY THE PEOPLE. 

The People take the Government into their Own Hands. 

— The business of government was now taken up by 
the people. Delegates (deputies) were chosen to a 
Provincial Convention, called for the purpose of choosing 
representatives to the third Colonial Congress — or as 
it came to be known—the first Continental Congress. 
The Convention met in New York City on the 20th of 
April, elected delegates to the Congress, and having trans¬ 
acted the business for which it was convened, dissolved. 

Lexington.—War at Last! — News of the battle of 
Lexington soon followed. “The war had actually be- 
.gun!” A provincial war committee of one hundred 
leading citizens was organized. This committee urged 
the election by the people of delegates to a Provincial 
Congress'of the colony. This was done. The Congress 
convened in New York on the 22d of May, 1775. This 
Congress ratified the acts of the Provincial Convention 
in choosing delegates to the Continental Congress, which 
thereby became, in effect, the first act of the indepen¬ 
dent colony. 

Provincial Congresses. — Thereafter, these Congresses 
became regular legislative bodies for the colony. The 
fourth Congress first met at White Plains, July 9, 1776, 
when the Declaration of Independence, adopted by the 


34 


CIVIL GOVERNMENT IN NEW YORK. 


Continental Congress, was unanimously agreed to 4 The 
title of the body was changed from Provincial Congress 
of the Colony of New York to The Convention of the 
Representatives of the state of New York. After several 
sessions, at brief intervals, in different places, it finally 
convened at Kingston, on the 6th of March, 1777, framed 
and adopted the first Constitution of the State of New 
York, April 20, and dissolved May 13. Thus was con¬ 
stitutional government inaugurated in the state of New 
York. 

The Constitution of 1777. —This Constitution will re¬ 
pay careful perusal and study. It incorporated the Decla¬ 
ration of Independence in full. Some of its provisions 
are considered in the discussion of other topics. Its 
distribution of the powers of the government, and the 
organization of two branches of the Legislature and 
some other features remain unchanged. 

The governor, the chancellor, and the judges of the 
supreme court were constituted a council to revise all 
bills passed by the two houses, and to return such as 
they did not approve. If again passed, by a two-thirds 
vote of each house, the bill became a law. It was the 
veto power, exercised by a council instead of by the 
executive alone. 

A council was provided for, with power to appoint all 
officers whose appointment was not otherwise directed 
in the Constitution. A property qualification for voters 

1 On the 9th of July of the current year (1892), the ii6th anniversary 
of this adoption of the Declaration of Independence by the Provincial 
Congress, was celebrated, with great enthusiasm, on the site of that memo¬ 
rable transaction, at White Plains, under the auspices of the Society of the 
Sons of the Revolution. 


GOVERNMENT BY THE PEOPLE. 


35 


was prescribed, except in the cities of New York and 
Albany. The only officers to be elected by ballot were 
the governor and lieutenant-governor; but the Legis¬ 
lature, after the war, might extend the system to the 
election of other officers. These were some of the dis¬ 
tinguishing features of the first Constitution. 

Under this Constitution, and the laws made in pur¬ 
suance thereof, the exigencies of the war were met, and 
it continued in force, with slight amendment, until a 
new Constitution was adopted and ratified by the people 
in 1822. 

The Constitution of 1822. — By this instrument the 
Council of Revision and the Council of Appointment 
were abolished. In lieu of the former, the governor 
was invested with the power to veto bills that did not 
meet his approval. Instead of the latter, a few offices 
were made elective: — sheriffs, county clerks, and coro¬ 
ners ; others were to be filled by appointment of local 
authorities, and others by the governor and Senate. 
The secretary of state, comptroller, treasurer, attor¬ 
ney-general, surveyor-general, and commissary-general, 
were to be chosen by the Senate and Assembly, in the 
manner in which United States senators are now 
chosen. Mayors of cities were to be appointed by the 
common council — but this was amended as to New 
York, in 1833, and as to all other cities in 1839, when 
they were made elective by the people. A very cum¬ 
brous system was devised for the appointment of jus¬ 
tices of the peace by the boards of supervisors and the 
county judges, but this was amended in 1826, and the 
office made elective. District attorneys were to be 
appointed by the county courts. The payment of a 


36 CIVIL GOVERNMENT IN NEW YORK. 


tax was substituted for the property qualification of 
voters made by the first Constitution, but this condi¬ 
tion was removed by amendment in 1826. A property 
qualification was, however, imposed upon colored citi¬ 
zens, and this was not removed. 

Other features of the Constitution of 1777 were 
omitted, or more or less modified, but the above suffi¬ 
ciently indicates the character of the changes made ; 
and these, with the amendments noted, indicate the 
steady growth of a sentiment favorable to the exercise 
of larger powers by the people. 

The Constitution of 1846. —This instrument was pre¬ 
pared by a convention of men that had faith in the 
people. They not only had faith that their work would 
be approved, but they had also an abiding faith that 
the people could, with safety to the state, be intrusted 
with the larger powers conceded to them by the new 
Constitution. The result justified their faith. The Con¬ 
stitution was ratified by a majority of 129,092 in a poll 
of 313,964 votes. 

It made radical changes in the fundamental law. 
Nearly all the offices that had previously been appoint¬ 
ive were now made elective. Among others, were the 
judges of the various courts. This was regarded, as 
indeed it was, a great innovation, and by many it was 
looked upon with grave distrust. But it has stood the 
test of nearly fifty years’ trial, and is satisfactory to the 
people. So late as 1873, they refused, by a majority of 
more than 200,000 votes, to relinquish their right to 
elect judges. 

The court of errors (comprising the Senate, the chan¬ 
cellor and judges of the supreme court) was abolished. 


GOVERNMENT BY THE PEOPLE. 


37 


and a court of appeals constituted to take its place. 
The court of chancery was also abolished, and juris¬ 
diction in both equity and law was conferred on the 
supreme court. The Legislatirre was required, at its 
first session thereafter, to provide for the appointment 
of commissioners to simplify and abridge the rules of 
practice and pleading in courts of record, and to report 
the same to the Legislature for adoption. 

The above are sufficient as an indication of the char¬ 
acter of the changes wrought by this instrument, which 
is substantially in force to this day. Some changes in 
the judiciary system have been made, and some restric¬ 
tions upon the power of the Legislature and of munici¬ 
pal corporations have been added, but nothing which 
impairs the plan or general character of this Constitu¬ 
tion of 1846. Reference to many of its provisions will 
be found under other topics. 


QUESTIONS RELATING TO CHAPTER III. 

1. What was the first act of the independent colony of New York? 

2. What important action was taken by the Provisional Congress of 
New York on the 9th of July, 1776? 

3. To what name was “ Provincial Congress,” etc., changed? 

4. Give the date of the adoption, and some of the leading features, of 
the first Constitution of the state. 

5. Give the date of the adoption of the second Constitution, and some 
of the changes wrought by it. Also, some of its distinguishing features, 
and in what respects these were amended. 

6. State what ideas you gain from the text concerning the character of 
the Constitution adopted in 1846. 



Part III. 


THE STATE GOVERNMENT. 


PRELIMINARY. 

This comprises the following departments : — 

Legislative, 

Executive, 

Administrative, 

Judicial. 

The administrative functions of certain officers of the 
government are not regarded by most writers as entitled 
to a separate classification. It is believed, however, 
that, for the purposes of this discussion, precision of 
statement and clearness of understanding will be pro¬ 
moted by assigning to them a distinctive nomenclature. 

The order of these functions of government might 
with propriety be changed, the judicial having prece¬ 
dence over the executive. But usage has sanctioned 
the order as above given, and besides, convenience is 
promoted by considering the legislative and executive 
departments in close connection. 


38 


THE LEGISLATIVE DEPARTMENT. 


39 


CHAPTER I. 

THE LEGISLATIVE DEPARTMENT. 

The power to enact laws is vested in a 
Legislature. — This is composed of a Senate and an 
Assembly. In all legislation they have equal and co-ordi¬ 
nate powers. The Legislature convenes each year on 
the first Tuesday in January. 

Disqualifications for Membership. — No person is eli¬ 
gible to the Legislature, who at the time of his election 
is, or within one hundred days previous thereto has been, 
a member of Congress, a civil or military officer under 
the United States, or an officer under any city govern¬ 
ment. The acceptance by a person elected to the Leg¬ 
islature, of any such office, vacates his seat in the 
Legislature. No member of the Legislature shall receive 
any civil appointment, within this state, or to the Senate 
of the United States, from the governor, the governor 
and Senate, or from the Legislature, or from any city 
government during the time for which he was elected. 

Limitation of the Powers of the Legislature. — The 
Constitution imposes certain limitations on the Legisla¬ 
ture, concerning both the mode of transacting its busi¬ 
ness, and the enactment of laws. Among the former 
may be cited the following: — 

1 . A majority of each house is required to constitute 
a quorum, and on the passage of an act imposing a tax, 


40 


CIVIL GOVERNMENT IN NEW YORK. 


and for certain other purposes, three-fifths of the mem¬ 
bers of either house are required for a quorum. 

2. The assent of two-thirds of the members elected to 
each house is required for the passage of any bill ap¬ 
propriating the public moneys or property, for local or 
private purposes, or to pass a bill over the veto of the 
governor. 

3. Each house is required to keep a journal of its pro¬ 
ceedings, and to publish the same, except such parts as 
may require secrecy; and also to sit with open doors 
except when, the public welfare may require secrecy. 

4. Neither house can, without the consent of the 
other, adjourn for more than two days. 

5. The enacting clause of every bill must be as 
follows: “The people of the State of New York, 
represented in Senate and Assembly, do enact as fol¬ 
lows.” 

6. No bill can be passed without the assent of a 
majority of all the members elected to each house; 
and the question upon the final passage of a bill must 
be taken immediately upon its last reading, and the 
yeas and nays thereon must be entered on the journal. 

7. In order that any existing law may become part 
of an act, it must be inserted in such act; it is not 
enough to refer to such law. 

8. Any law which imposes a tax must distinctly state 
the tax, and the object to which it is to be applied. 

Such are the chief limitations upon the Legislature in 
the order of its business. 

Restrictions upon the Passage of Laws. — The more 
important limitations upon the power of the Legislature 
in the enactment of laws are the following:— 


THE LEGISLATIVE DEPARTMENT. 41 

1. No law may be passed that shall abridge the lib¬ 
erty of speech, or of the press, nor the right of the peo¬ 
ple peaceably to assemble and to petition any department 
of the government. 

2. The Legislature cannot grant a divorce, nor author¬ 
ize any lottery, nor shall the sale of lottery tickets be 
allowed within this state. 

3. The Legislature cannot provide forelections other¬ 
wise than by ballot, except for town officers. 

4. Members of the Assembly must be chosen by 
districts; no county can be deprived of representation 
in the Assembly (Hamilton County having its represen¬ 
tation jointly with Fulton). 

5. No new county can be erected by the Legislature 
unless its population would entitle it to a member. 

6. No county, unless entitled to two or more senators, 
can be divided in the formation of senatorial districts, 
and these must be composed of contiguous territory, 
and contain, as nearly as may be, an equal number of 
inhabitants, exclusive of aliens, etc. ; nor shall an As¬ 
sembly district be divided in the formation of a Senate 
district. 

7. The Legislature is prohibited from passing private 
or local bills in some thirteen enumerated cases. 

8. The Legislature cannot admit any private claim 
against the state, nor grant any extra compensation to 
any public officer or contractor. (This last prohibition 
applies also to the common council of a city, and to 
boards of supervisors.) 

The foregoing do not by any means embrace all the 
restrictions imposed by the Constitution upon the action 
of the Legislature. 


42 


CIVIL GOVERNMENT IN NEW YORK. 


The Legislature required to pass Certain Laws. — But 
the Constitution does not stop with a limitation of the 
powers of the Legislature in the enactment of laws. It 
goes further, and makes the enactment of laws for cer¬ 
tain objects and purposes obligatory. Thus, it declares 
that laws shall be made for ascertaining, by proper 
proofs, what citizens are entitled to the right of suf¬ 
frage. These are the laws relating to the registration 
of voters. The Legislature is also directed to pass gen¬ 
eral laws for objects and purposes for which special 
laws are forbidden. Many other instances might be 
cited, but these will suffice for illustration. 

Amongst the duties of the Legislature is the appor¬ 
tionment of the Senate and Assembly districts in the 
state, after each state enumeration of the inhabitants, 
subject to the limitations already pointed out. (See 
p. 41.) The Senate districts are numbered consecu¬ 
tively from I to XXXII. Where a Senate district com¬ 
prises one or more counties, the Legislature, in the 
apportionment law, names the county or counties that 
shall compose the district. Where one county is entitled 
to more than one Senate district, the Legislature names 
the districts, by numbers, which the county shall com¬ 
prise, and it may define the boundaries of each, or may 
delegate this power to the supervisors of the county. 
The Legislature assigns to each county the number of 
members of Assembly to which it is found to be entitled, 
and when any county is entitled to more than one mem¬ 
ber, the boundaries of the districts from which they 
shall be elected are fixed by the board of supervisors. 

It is also the duty of the Legislature to reapportion 
the districts in the state, from which representatives 


THE LEGISLATIVE DEPARTMENT. 


43 


in Congress are elected, after each apportionment of 
representatives by Congress, and the judicial districts 
after each state enumeration of the inhabitants. 

The Senate. — This branch of the Legislature is com¬ 
posed of thirty-two senators, one being chosen in each 
of the thirty-two Senate districts into which the state is 
divided. As they are all elected on the same day, for a 
term of two years, their terms all expire at the same time. 

The presiding officer of the Senate is the lieutenant- 
governor. He has only a casting vote upon motions, 
orders, resolutions, and other like questions. Upon the 
passage of a bill he can have no vote. In the absence 
of the lieutenant-governor the Senate may choose a 
temporary president from its members. 

The Senate, with the judges of the court of appeals, 
constitutes the court for the trial of impeachments. 

The laws provide for the appointment of many officers 
by the governor, “ by and with the advice and consent 
of the Senate.” The “advice ” is of little account. The 
“consent” is the main thing. If consent is given the 
appointment is said to be confirmed. If consent is re¬ 
fused there is no appointment. 

The Senate acts concurrently with the Assembly, in 
the first instance, in the election of United States sen¬ 
ators, and regents of the University. If the two 
houses are found to have agreed in their choice, the per¬ 
son named by each is declared elected. The fact of 
agreement or disagreement is ascertained at a joint ses¬ 
sion of the two houses convened for that purpose. If 
they are found to have disagreed in their choice, the 
joint body proceeds to ballot, and the candidate receiv¬ 
ing a majority of all the votes cast is declared elected. 


44 CIVIL GOVERNMENT IN NEW YORK. 

In the election of a state superintendent of public 
instruction, the houses meet in joint session, without 
any previous and separate action, except in party cau- ^ 
cus. The candidate receiving a majority of all the votes 
cast is declared elected. 

The Assembly is composed of one hundred and 
twenty-eight members, chosen annually in the districts 
formed as set forth on pages 41, 42. 

The presiding officer of the Assembly is called the 
speaker. He is chosen by the members from their own 
number. The speaker loses none of his rights as a 
member. He may vote upon all questions before the 
House, but under the rules he is not required to vote 
except when his vote would be decisive. 

The Assembly has the power of impeachment by the 
vote of a majority of all the members elected. 

Legislation in General.—Very much of the prelimi¬ 
nary work of legislation in both houses is done by commit¬ 
tees. Upon the organization of each house, committees 
are appointed upon all of the leading subjects which are 
likely to engage the attention of the Legislature. These 
committees, called standing committees, are fixed by the 
rules of the House. They are appointed, in the Assem¬ 
bly, by the speaker, and in the Senate, by the lieutenant- 
governor, except when the majority of the Senate is 
opposed to him in politics. In that case the political 
majority in the Senate will make up the committees. 

When a bill is introduced it is referred to the com¬ 
mittee having charge of the subject to which the bill 
relates. If a question arises as to what committee should 
have charge of a bill, it is determined by a vote of the 
House, upon a motion to refer it to a certain committee. 


THE LEGISLATIVE DEPARTMENT. 


45 


It is the duty of each committee to consider and re¬ 
port, without unnecessary delay, upon the bills or other 
matters referred to it, so that they may be put upon the 
order for their passage. 

The Committee of the Whole House. — This is more 
briefly styled “ Committee of the Whole.” It consists of 
all the members, or of a quorum of members, presided 
over by a member whom the speaker calls to the chair for 
that purpose. When formed, it enters upon the consid¬ 
eration of bills in the order which the rules require. 
None of the acts done in committee are, or can be final. 
It cannot pass bills, it can only report upon them. It 
can agree upon amendments, but only to report them to 
the House when regularly in session. It cannot adjourn, 
it can only rise, report progress, and, if its work is not 
concluded, ask leave to sit again. The House can grant 
or refuse leave, but leave is usually granted. Then, when 
the proper time comes, upon a future day, the House may 
again resolve itself into a committee of the whole, and 
resume consideration of the bill. Or the committee may, 
when it rises, report the bill amended or otherwise, and 
recommend its passage, or report unfavorably upon it. 

When the committee rises, the speaker resumes the 
chair, and the chairman makes his report of what has 
been done in committee. The House agrees or disa¬ 
grees with the report, the same as upon the report of 
a standing committee. 

The work of legislation is greatly facilitated by the 
division of labor thus secured through its committees. 
Indeed, legislation would hardly be possible without the 
aid which is given through such a system of organiza¬ 
tion. 


46 CIVIL GOVERNMENT IN NEW YORK. 


CHAPTER II. 

THE EXECUTIVE DEPARTMENT. 

The Constitution provides that ‘‘The executive power 
shall be vested in a governor.” This, of course, means 
the executive power of the state, for there are local 
executive offices in the various subdivisions of the 
state; yet over these he exercises a degree of control. 

The governor and lieutenant-governor are elected at 
the same time and for the same term, three years. 

Each of these officers must be a citizen of the United 
States, thirty years of age, and, for five years previous 
to his election, a resident of this state. 

The lieutenant-governor has no executive functions, 
except when he is called upon to take the place of the 
governor, or as a member of certain official boards having 
executive powers. 

The distinctively executive feature of the governor’s 
authority is as commander-in-chief of the military and 
naval forces of the state, — and in the requirement that 
“He shall expedite all such measures as may be re¬ 
solved upon by the Legislature, and shall take care that 
the laws be faithfully executed.” 

His power, under the Constitution, to grant reprieves, 
commutations, and pardons, as also his power, under the 
law, to remove certain officers for neglect of duty or 
other offences, is more judicial than executive. The 


THE EXECUTIVE DEPARTMENT. 47 

requirement that he shall communicate to the Legisla¬ 
ture by message, and recommend to them such matters 
as he shall deem expedient ; his power to prevent the 
passage of a bill by his veto, — unless passed by two- 
thirds of the members present in each house after it 
has been returned by him to the house in which it orig¬ 
inated ; and his power to convene the Legislature in 
extra session, are all in the direction of promoting or 
retarding legislation, hence, are more legislative than 
executive in their character. 

The appointment by him of public officers, in com 
junction with the Senate, or otherwise, may be regarded 
as an executive function, for through these officers the 
laws are to be executed or administered. 

Vacancies occurring in state, and in some local or 
county offices, are filled by the governor for the time 
being. If such offices are elective, the appointment is 
for not longer than until the commencement of the 
political year next succeeding the first annual election 
after the happening of the vacancy. If the vacancy 
occurs in an office filled by the governor and Senate, 
and during a recess in the Senate, the appointment 
must be sent to the Senate for confirmation within 
twenty days after it convenes. A vacancy in the office 
of United States Senator occurring when the Legisla¬ 
ture is not in session, is filled by appointment of the 
governor until after the Legislature meets, when the 
vacancy will be filled by that body for the unexpired 
term. 

Vacancies in the court of appeals, in the supreme 
court, or in the superior city courts, are filled, for a 
full term, at the next general election happening not 


48 ^ CIVIL GOVERMMENT IN’ NEW YORK. 

less than three months after the vacancy occurs, and 
until so filled the governor and Senate may appoint to 
such vacancy if the Senate shall be in session ; if other¬ 
wise, the governor alone may appoint. Such appoint¬ 
ment shall continue until the last day of December next 
after the election at which the vacancy shall be filled. 


QUESTIONS RELATING TO CHAPTER I. 

1. What circumstances will disqualify a person for election to the Legis¬ 
lature ? 

2. By what and in what particulars are the powers of a Legislature 
limited? 

3. What duties are imposed upon a Legislature, and by what authority? 

4. Which body has the greater power — the Senate or the Assembly? 

5. What is the difference between concurrent action and joint action 
by the Senate and Assembly? Name important officers chosen in each 
w'ay. 

6. Why can the lieutenant-governor have no vote upon the passage of 
bills? 

7. What service do committees render in legislation? By whom are 
committees appointed in each house? 

8. Give some idea of the Committee of the Whole. 


QUESTIONS RELATING TO CHAPTER II. 

1. How does the governor execute the laws? 

2. What are his duties concerning the Legislature? 

3. What judicial powers does he exercise? 

4. Glance over the list of administrative officers in the next chapter, 
and gain and express some idea of his responsibility in making appoint¬ 
ments. 



THE ADMINISTRATIVE DEPARTMENT. 


49 


CHAPTER III. 

THE ADMINISTRATIVE DEPARTMENT. 

The magnitude and variety of the interests which 
concern the people of a great state cannot perhaps be 
more impressively set forth than by an enumeration of 
the various bureaus of the government, presided over 
by officers elected by the people, or appointed or desig¬ 
nated according to law. The titles themselves, except 
of the state officers, will, in most cases, be significant 
of the duties or class of duties which the bureau has in 
charge; so that little, if any, further exemplification will 
be required. Note, then, the following : — 

• Secretary of State. Elected; term, two years. 

Comptroller. Elected; term, two years. 

Treasurer. Elected ; term, two years. 

Attorney-General. Elected; term, two years. 

State Engineer and Surveyor.’ Elected ; term, two years. 

These are sometimes classified as executive officers, 
and are also called state officers, being elective by all the 
voters in the state. The duties of these officers will be 
stated at the end of this chapter. Then as follows : — 

Superintendent of Public Works. 

Appointed by the Governor and Senate; term, coincident with 
that of the Governor making the appointment. 

Superintendent of Public Instruction. See Education, p. 30. 
Chosen by joint ballot of the Legislature ; term, three years. 


50 CIVIL GOVERNMENT IN NEW YORK. 

Superintendent of the Banking Department. 

Appointed by Governor and Senate; term, three years. 

Superintendent of the Insurance Department. 

Appointed by Governor and Senate; term, three years. 

Superintendent of State Prisons. 

Appointed by Governor and Senate ; term, five years. 

State Assessors (3). See p. 120. 

Appointed by Governor and Senate; term, three years. 

State Board of Charities. 

Composed of eleven Commissioners of Charities appointed by 
Governor and Senate; term, eight years, and the Lieutenant- 
Governor, Secretary of State, Comptroller, and Attorney-Gen¬ 
eral as ex officio members. 

Board of Health. 

Composed of three Commissioners of Health, appointed by 
Governor and Senate; term, three years, together with the 
Attorney-General, Health Officer of the Port of New York, and 
three representatives of city boards of health named by the 
Governor from time to time. 

Railroad Commissioners (3). 

Appointed by Governor and Senate; term, five years. 
Commissioners of Claims (3). See p. 65. 

Appointed by Governor and Senate; term, six years. 

Civil Service Commissioners (3). 

Appointed by Governor and Senate ; term, not defined by statute. 
Commissioner of Statistics of Labor. 

Appointed by Governor and Senate; term, three years. 

Forest Commissioners (3). 

Appointed by Governor and Senate ; term, three years. 

State Dairy Commissioner. 

Appointed by Governor and Senate; term, two years. 

Factory Inspector (and Assistant). 

Appointed by Governor and Senate ; term, three years. 

State Board of Mediation and Arbitration (3). 

Appointed by Governor and Senate; term, three years. 


THE ADMINISTRATIVE DEPARTMENT. 


51 


Commissioners in Lunacy (3). 

Appointed by Governor and Senate ; term, six years. 
Superintendent of Weights and Measures. 

Appointed by Governor, Lieutenant-Governor, and Secretary of 
State ; term, pleasure of the appointing power. 

Commissioners of the State Reservation at Niagara (5). 

Appointed by Governor and Senate ; term, live years. 
Superintendent of Public Buildings. 

Appointed by Governor, Lieutenant-Governor, and Speaker, as 
trustees of public buildings ; term, two years. 

Commissioner of the New Capitol. 

Appointed by Governor and Senate ; term, coincident with that 
of the Governor making appointment. 

Commissioners of Fisheries (5). 

Appointed by Governor; term, at his pleasure. 

State Board of Pharmacy (5). 

Appointed by Governor on nomination by State Pharmaceuti¬ 
cal Association ; term, five years. Examines persons applying 
for licenses as pharmacists. 

State Oyster Commissioner. 

Appointed by one of the Fish Commissioners. 

Oyster Protector. 

Appointed by Oyster Commissioner. 

Inspector of Gas Meters. 

Appointed by Governor and Senate ; term, five years. 

Superintendent Onondaga Salt Springs. 

Appointed by Governor and Senate; term, three years. 

State Meteorological Bureau (3). 

One appointed by Governor and Senate; Superintendent of 
Public Instruction, and Professor of Civil Engineering in Cor¬ 
nell University, cx officio. 

Commissioners to Revise the Statutes (3). 

Appointed by Governor and Senate; term, indefinite. 

State Mining Inspector. 

Appointed by Governor and Senate; term, three years. 


52 CIVIL GOVERNMENT IN NEW YORK. 

Trustees of State'Agricultural Station (lo). 

The Governor ex officio., and nine others appointed by him. 
Regents of the University. See Education, p. 126. 

( 2 uarantine Commissioners (3). 

Appointed by Governor and Senate ; term, three years. 

Port Wardens (9). 

Appointed by Governor and Senate ; term, three years. 

Commissioners of Emigration (3). 

One appointed by Governor and Senate; term, five years, and 
Presidents of the German and Irish Emigration Societies in 
New York, ex officio. 

Health Officer. — Port of New York. 

Appointed by Governor and Senate ; term, two years. 

Shore Inspector. — Local. — Near New York. 

Appointed by Governor; term, three years. 

Military Officers.—Governor’s Staff. 

Appointed by Governor. 

Besides the-above, there are several boards or com¬ 
missioners composed of state officers as ex officio mem¬ 
bers. Such are the following : — 

Board of State Canvassers. 

Commissioners of the Land Office (Lieutenant-Governor and State 
Officers). 

Trustees of Public Buildings. 

Canal Board. 

Commissioners of the Canal Fund. 

State Board of Equalization. (See p. 120.) 

Duties of State Officers. 

Secretary of State. — He is the keeper of the state 
records. The original engrossed laws, as passed by the 
Legislature and signed by the governor, are filed in his 
office. He superintends their publication. Applications 
for incorporation under the general laws are filed with. 


THE ADMINISTRATIVE DEPARTMENT. 


53 


and certificates of such incorporation are issued by him. 
He receives and preserves the certificates of the nomina¬ 
tion of candidates by the various parties required to be 
filed with him, and gives notice of these to the county 
clerks or other officers charged with the duty of print¬ 
ing the ballots. He also gives notice of general and 
sometimes of special elections. He is, ex officio, a 
member of many state boards elsewhere enumerated. 

The Comptroller is the fiscal officer of the state. He 
is the auditor of the state accounts. The office indeed 
was created in 1797 to take the place of that known as 
auditor-general, which was abolished in that year. He 
manages the funds of the state, looks after their invest¬ 
ment, and sees to the collection of the state taxes. 
State moneys, except from the free school fund, are 
paid out only on his warrant. He is, ex officio, a member 
of various state boards. 

The State Treasurer receives all the moneys paid 
into the state treasury. He can pay them out only 
upon warrants from the proper officers. His signature 
is necessary to the transfer of securities deposited in 
the banking or in the insurance department. He is a 
member of several boards and commissions. 

The Attorney General is the law officer of the state, 
and attends to suits brought in its behalf. 

He appears in person or by his deputy, in all cases 
before the Board of Claims, to protect the interests of 
the state. He is a member of various state boards. 

State Engineer and Surveyor. — The law requires that 
this officer shall be a practical engineer. He has charge 
of the canal engineering department and certain duties 
in regard to the public lands. He is a member of state 
boards and commissions. 


54 


CIVIL GOVERNMENT IN NEW YORK, 


CHAPTER IV. 

THE JUDICIAL DEPARTMENT. 

The agencies through which the judicial depart¬ 
ment of the state is administered are called courts. 
The officers holding courts are styled judges. Code 
Civ. Proc., sec. 3343. 

The Judicial Problem. — How to provide for the 
administration of justice for a population of more than 
six million people — distributed over an area of more 
than fifty thousand square miles, embracing thirty-four 
cities, and more than three hundred and fifty incorpo¬ 
rated villages, with all the vast and diversified interests 
which such conditions represent, is the problem which 
the people of the state, through their representatives, 
are called upon to solve. 

The following are some of the considerations which 
will engage attention. 

Courts easy of access must be provided for the hear¬ 
ing of the cause of the humblest suitor, however slight 
the wrong for which he seeks redress, or however sm^all 
the money value which he seeks to recover. 

There must be courts for the trial of causes involving 
interests of immense value, or principles of transcendent 
importance. 

There must be courts of limited jurisdiction in re¬ 
spect to the character of the issues to be tried, in 


THE JUDICIAL DEPARTMENT. 


55 


respect to the amount involved in the controversy, and 
in respect to the territory within which the cause of 
action must arise, or the parties reside. 

There must also be courts whose jurisdiction shall 
extend over the entire state, and embrace every interest, 
great or small, and the trial of every issue important or 
trivial. 

There must be courts for the trial of causes relating 
to property or rights, — that is, courts of civil juris¬ 
diction ; and courts for the trial of persons charged 
with crime, — that is, courts of criminal jurisdiction. 

There must be courts for the trial of special classes 
of issues. 

There must be courts of original jurisdiction, and 
courts for the correction of errors, having only appellate 
jurisdiction, and sometimes for those having both. 

The Legislature must have power, from time to time, 
either to enlarge the judicial force, or to readjust it 
to meet the needs of a growing population, and the 
changes in its distribution through the formation of 
new centres of industry and trade along the commercial 
highways of the state. 

How far the judicial system of the state of New 
York is adapted to meet these requirements will ap¬ 
pear from what follows. 

The Courts of the State. 

I. Courts of Justices of the Peace, — in each town 
and in certain cities and villages. Their jurisdiction is 
limited to civil actions in which the claim does not 
exceed $200 — except in some cities, where the limit is 




56 CIVIL GOVERNMENT IN NEW YORK. 

$ 2 ^ 0 . The actions which may or may not be brought 
in a justice’s court are carefully defined by law. Thus, 
actions in which the title to real estate may come in 
question, and civil actions for libel, slander, and many 
other offences, cannot be brought in a justice’s court. 

2. Courts of Special Sessions of the peace in each 
town and in certain cities and villages. These are 
courts for the trial of minor criminal offences. They 
are held by the justices of the peace in the towns, and in 
the cities and villages in which other courts are not 
established for the purpose. In cities or villages where 
there are police justices, these courts of special sessions 
are held by them. 

3. District Courts in the City of New York. —These 
have substantially the same jurisdiction and powers as 
justices’ courts in towns, but the amount for which 
actions may be brought is ^250. In short, they are 
justices’ courts adapted to the larger and denser popula¬ 
tion of a great city. 

4. Police Courts in certain cities and villages. These 
have criminal jurisdiction only, corresponding with the 
courts of special sessions of the peace in towns. 

5. A Justices’ Court in the City of Troy, somewhat 
different in its organization from the like courts in 
towns, villages, or other cities, and a Municipal Court in 
the city of Rochester, furnish for these cities substan¬ 
tially the agencies for the administration of justice, 
which are furnished by justices’ courts, and courts of 
special sessions in the towns of the state. 

It thus appears that every organized community in the 
state — town, village, or city — is provided with a court, 
easy of access, for the redress of minor civil wrongs, for 


THE JUDICIAL DEPARTMENT. 


57 


the recovery of small sums claimed to be due, and for the 
punishment of minor offences against the public peace. 

All of the courts above enumerated are inferior courts, 
or, as they are designated in the code, courts not of 
record. 

6. County Courts. — In each county of the state, 
except the county of New York, there is a county court 
presided over by the county judge. The actions which 
may be brought in this court are numerous and are 
specifically enumerated in the statutes. Actions can¬ 
not be brought in this court for the recovery of a sum 
of money exceeding ^looo, or for the recovery of goods 
and chattels exceeding $1000 in value. 

An appeal from a judgment in a justice’s court in a 
civil action must be taken to the county court, except in 
the city of Buffalo, where it is taken to the superior court 
of that city. Hence the county court has both original 
and appellate jurisdiction. In the city of New York, there 
being no county court, appeals from judgments in the 
district courts are taken to the court of common pleas. 

7. Courts of Sessions. — These, too, are county courts, 
but having criminal jurisdiction only. The members of 
the court are the county judge, who presides, and the 
two justices of the sessions for the county. In this 
court, persons charged with the commission of the 
gravest crimes may be tried. 

Its equivalent in the city of New York, which has no 
county judge, is the court of general sessions of the 
peace, held by the city judge, the recorder, or a judge of 
sessions. These may all be holding court at the same 
time, there being three parts of the court, each judge 
having, of course, the same jurisdiction and powers. 


58 CIVIL GOVERNMENT IN NEW YORK. 

Appeals from the judgments of the courts of special 
sessions are brought to the court of sessions. 

Thus we have in every county of the state a county 
court, or its equivalent, for the trial of causes, either civil 
or criminal, of a higher grade of importance than are 
committed to the lower justices’ courts, or courts of spe¬ 
cial sessions, and constituting also a court of appeals for 
the correction of errors committed in such lower courts. 

8 . The Supreme Court. —This is the highest court of 
original jurisdiction in the state. It also has appellate 
powers, as we shall see. This court is composed of 
forty-six judges, styled justices of the supreme court. 
At the same time, it is proper to call them judges. 
Although there is but one supreme court for the entire 
state, it is not deemed advisable to have its judges chosen 
by the electors of the state at large. In many ways 
the election of the justices upon a general ticket would 
be found inconvenient and burdensome. The state is, 
therefore, divided into eight judicial districts. The 
number of justices assigned to and elected in each dis¬ 
trict is as follows : In the first judicial district seven; 
in second, fifth, seventh, and eighth districts, six each ; 
and in the third, fourth, and sixth districts, five each. 

Besides this division of the state into judicial districts, 
it is also divided into five judicial departments, for pur¬ 
poses which will appear hereafter. These departments 
are composed as follows : the first department comprises 
the first judicial district only; the second comprises the 
second judicial district only; the third comprises the 
third and fourth judicial districts ; the fourth comprises 
the fifth and sixth judicial districts; and the fifth com¬ 
prises the seventh and eighth judicial districts. 


THE JUDICIAL DEPARTMENT. 


59 


Jurisdiction of the Supreme Court. — The supreme 
court has general jurisdiction, civil and criminal, origi¬ 
nal and appellate, in law and in equity; subject only to 
such special limitations as are imposed upon it by the 
Constitution and the laws of the state. 

With a court open to the hearing of every complaint, 
to the adjustment of every difference, to the trial of 
every accusation, that may come to it from a population 
of six million people with all their manifold pursuits and 
diversified interests, there will need to be a carefully 
adjusted plan of organization, whereby its labors and 
duties may be rationally distributed, and the most effec¬ 
tive use of the powers and energies of its forty-six judges 
may be assured. 

The business of the supreme court is transacted 
under the following titles: Circuit courts, courts of 
oyer and terminer, special terms and general terms. 

These are not so many different courts, but different 
functions of the same court. 

A Circuit Court is the supreme court engaged in the 
trial of a civil action. It is composed of a justice of the 
supreme court and a jury, except where issues of law 
only are to be tried, or where the parties, with the con¬ 
sent of the court, waive trial by jury and submit the 
issues both of law and of fact to the judge for de¬ 
cision. 

A Court of Oyer and Terminer is the supreme court 
engaged in the trial of a criminal action. 

The ternfs of the circuit court and court of oyer and 
terminer are held concurrently ; that is, the presiding 
judge may close or adjourn the one, and, without leaving 
the bench, enter upon a trial or hearing in the other. 


6o 


CIVIL GOVERNMENT IN NEW YORK. 


Special Term. — Before an issue can be ready for 
trial, it frequently becomes necessary to have one or 
more collateral questions decided. Thus, the defendant 
may desire to have the place of trial changed from the 
county in which the action has been brought, to some 
other county, — on the ground that the convenience of 
witnesses, necessary at the trial, will thereby be pro¬ 
moted. But whatever his reasons, they must be pre¬ 
sented to the court, by his attorney, in the form of a 
motion, supported by affidavits, to change the place of 
trial. This is by way of illustration only, for the motions 
incident to, and in preparation for a trial, are limitless 
in number and variety. 

For the hearing and deciding of these motions, a 
special term of the supreme court is held in each 
county, concurrently with the circuit court and court 
of oyer and terminer, and by the same judge, who will 
give such time to the hearing of motions as may be 
expedient or necessary in the interests of justice. Spe¬ 
cial terms are also appointed at other times than at the 
holding of circuits. In counties having large cities, 
special terms are appointed for every month in the 
year, except in vacations. In the city of New York 
four circuit courts and two special terms are in session 
at the same time. 

Judges at Chambers. — In legal proceedings a great 
many motions are made which are to be granted as a 
matter of right. These are called ex pm'te motions, 
because only one side need be heard upon them. An 
instance would be, the application of a social club for 
leave to mortgage its property. These motions may be 
heard at special term, or by a judge at chambers. This 


THE JUDICIAL DEPARTMENT. 


6l 


means out of court, at his own office, or home, at his 
room in a hotel or elsewhere. Special terms are often 
appointed to be held by the judge at his chambers, and 
chamber business is also transacted in connection with a 
special term. 

The supreme court in circuit, in oyer and terminer, 
and at special term, acts wholly as a court of original 
jurisdiction. It has no appellate powers. 

The General Term.— The appellate powers of the 
supreme court are vested in the general term. This is 
composed of three justices of the supreme court in each 
of the five judicial departments. One of the justices 
in each department is designated the presiding justice; 
the others, associate justices. They are designated by 
the governor from the entire bench of justices of the 
supreme court. They sit at times and places duly 
appointed according to law. 

Appeals are brought to the General Term from the 
judgments or verdicts in the county court, or in other 
inferior courts when so provided by law, from the judg¬ 
ments or verdicts of the circuit court and oyer and ter¬ 
miner, and from orders made by the special term of the 
supreme court. The concurrence of two members of 
the court is necessary to pronounce a decision. 

The Times and Places of holding circuit courts, courts 
of oyer and terminer, and special terms, are fixed once 
in two years for each judicial department, by the jus¬ 
tices of the supreme court for the department, or a 
majority of them. 

The times and places of holding the general terms 
are fixed once in two years for each judicial department, 
by the general term justices for the department, or a 
majority of them. 


62 


CIVIL GOVERNMENT IN NEW YORK. 


Still further to guard against failure in the adminis¬ 
tration of justice, the governor is authorized, whenever 
in his opinion the public interest requires, to appoint 
one or more general or special terms, or terms of a 
circuit court or court of oyer and terminer. He desig¬ 
nates the time and place of holding the same, and, except 
of a general term, names the justice who shall preside. 

Superior City Courts.— Besides the courts thus far 
enumerated, there have been constituted a number of 
superior city courts, with such civil and criminal juris¬ 
diction as may be conferred by law, but limited, territo¬ 
rially, to the cities for which they are formed. 

They are the following : — 

In the city of New York, 

The Court of Common Pleas. 

The Superior Court. 

Each of these courts has six judges, one of whom is 
appointed by his associates chief judge. The Legis¬ 
lature may provide — and has provided—for detailing 
any of these judges to hold circuit courts, and special 
terms of the supreme court in the city of New York. 

In the city of Brooklyn, 

The City Court of Brooklyn. 

This is composed of three judges, one of whom is 
appointed by his associates as chief judge. 

The Legislature may provide for detailing any one of 
these^judges to hold circuit courts and special terms 
of the supreme court in the city of Brooklyn. 

In the city of Buffalo, 

The Superior Court. 

This has three judges, one of whom is chief judge. 


THE JUDICIAL DEPARTMENT. 


63 


Each of the above courts has its special terms, trial 
terms, and general terms, and appeals may be taken 
from the special and trial terms to the general term, 
and from the general term to the court of appeals. 

There are also certain Inferior City Courts, with such 
limited jurisdiction as is conferred by law. They con¬ 
stitute, however, an important ’ agency in the admin¬ 
istration of justice in their respective localities. They 
are all courts of record — and are the following: — 

The City Court of Long Island City. 

The City Court of Yonkers. 

The City Court of the City of New York 
(formerly The Marine Court). 

This latter court has six judges, and holds special, 
trial, and general terms, the last being the appellate 
tribunal of the court. Appeals may be taken from the 
judgments of its general term to the general term of 
the court of common pleas. The common pleas remits 
its decision to the city court for enforcement; but this 
decision may be appealed from to the court of appeals. 

The Mayor’s Court of the City of Hudson. 

The Recorder’s Court of the City of Oswego. 

The Recorder’s Court of the City of Utica. 

The Justices’ Court of the City of Albany. 

The foregoing enumeration of courts in this state, 
with the distribution and adjustment of their powers 
and duties, would seem to meet every exigency in 
human affairs requiring adjudication by a competent 
and impartial authority. 

Surrogates’ Courts. — There is, however, a special 
branch of judical administration which must be con¬ 
sidered. 


64 CIVIL GOVERNMENT IN NEW YORK. 

The estates of deceased persons, with all the inci¬ 
dents of their settlement and distribution to the heirs 
and legatees, have always been regarded as of such im¬ 
portance, as to require a separate and special court for 
their consideration. The interests and welfare of wid¬ 
ows and orphans and generally of all persons having 
claims upon the estate of a deceased person, can best be 
cared for by a tribunal to which those interests exclu¬ 
sively are committed, and removed from the heat and 
turmoil of ordinary litigation. 

The judge to whom these important and delicate in¬ 
terests are committed is called a surrogate. In coun¬ 
ties with a population not exceeding forty thousand, the 
county judge is also surrogate. Amongst the duties of 
this officer, are the proving of wills, the granting of let¬ 
ters of administration upon the personal estate of intes¬ 
tates, the appointment of guardians for minor heirs, the 
decision of the various questions that may arise in the 
progress of the settlement of an estate, and conducting 
trials in contested cases. Appeals from his decisions lie 
to the general term of the supreme court, and may be 
carried thence to the court of appeals. 

Some counties have a special county judge, and some 
have a special surrogate, besides the regular county 
judge or surrogate. 

The Court of Appeals. — As indicated by its title, this 
court has appellate jurisdiction only. Appeals are 
brought to it from the decisions of the general term of 
the supreme court, and of the superior city courts. 

The court is composed of a chief judge and six asso¬ 
ciate judges, chosen by the electors of ^he entire state, 
for a term of fourteen years. They are prohibited from 


THE JUDICIAL DEPARTMENT. 


65 


holding any other office. The court has the power to 
appoint and to remove its clerk, reporter, and other 
attendants. 

It controls its own sessions, adjourning to such times 
as it deems fit and expedient. 

Five judges constitute a quorum of the court, and the 
concurrence of four is necessary to a decision. 

To relieve the court of appeals whenever there is a 
large accumulation of causes, a second division of the 
court is constituted as follows : — 

Seven justices of the supreme court are designated 
by the governor as associate judges of the court of 
appeals, and to constitute a second division of the 
same. 

This branch of the court has the same powers con¬ 
cerning the causes assigned to it as the original court. 
Five judges are necessary to a quorum and four to 
render a decision. When the causes upon the calen¬ 
dar at the time of their designation are disposed of, 
the judges of the court of appeals report that fact to the 
governor, who thereupon dissolves such second division 
of the court. 

The Board of Claims. — There was, for many years 
in this state, a board of three canal appraisers, who 
were empowered to hear and adjudicate claims against 
the state for damages resulting from the breaking of 
the canal banks, overflowing the adjacent lands, or 
from other injuries caused by the canals of the state. 

This board has been superseded by what is known as 
the board of claims, composed of three commissioners, 
appointed by the governor and Senate. Their jurisdic¬ 
tion is, however, more extended than was that of the. 


66 


CIVIL GOVERNMENT IN NEW YORK, 


canal appraisers, as they may hear and determine the 
claim of any person against the state, or such as the 
Legislature may authorize. Appeals from its awards 
may be taken to the court of appeals. 

Court of Arbitration in the City of New York. —This 
court was instituted upon the suggestion of the cham¬ 
ber of commerce of the city of New York, and is de¬ 
signed as an inexpensive and speedy mode of settlement 
of differences between the merchants of that city. 

The court is composed of a single judge. Of course, 
causes cannot be brought before it except upon consent 
of both parties to a controversy. A judgment rendered 
in a cause submitted to the court, has, however, the 
same force as a judgment in the supreme court. 

Referees.—To facilitate the trial of causes, they 
may, upon the stipulation of the parties, be sent to a 
referee to take testimony and report his findings of fact 
and of law to the court. When the trial of a cause 
will require the examination of a long account on either 
side, the court may, upon motion of either party, with¬ 
out the consent of the other, direct a trial of the issues 
of fact by a referee. The court may also direct a trial 
of some specific question of fact by a referee. 

The referee has, concerning the trial of a cause 
referred to him, all the powers of the court. 

He does not, however, render judgment, but reports 
his conclusions to the court, and when confirmed, it 
becomes a judgment of the court, and like all judg¬ 
ments is subject to appeal, or to a motion for a new 
trial. 

The state superintendent of public instruction has 
important judicial powers in relation to school contro- 


THE JUDICIAL DEPARTMENT. 6/ 

versies, which will be found set forth in the chapter on 
education, p. 131. 

The Grand Jury. — A grand jury is a body of men, 
not less than sixteen nor more than twenty-three, 
chosen by lot, and sworn to inquire concerning crimes 
committed or triable in the county from which the 
jurors are drawn, and present them to the court. This 
is done by a bill of indictment, sometimes called a 
“true bill.” The technical definition of an indictment 
is : “An accusation in writing, presented by a grand 
jury to a competent court, charging a person with a 
crime.” No person accused of a crime can be tried 
in the court of sessions, or the oyer and terminer, until 
an indictment has been found against him. The grand 
jury is formed by drawing from a list of three hun¬ 
dred persons, furnished by the supervisors of the county, 
in New York thirty-six, and in other counties twenty- 
four names of persons to serve at the session of the 
court for which they are called. They are also required 
to inquire into the condition and management of the 
public prisons in the county, and into wilful and cor¬ 
rupt misconduct in office. Their adverse conclusions 
concerning these or other matters they submit to the 
court in the form of a presentment. Their sessions 
are private, except as they may invite the presence of 
the district attorney. The jury is not bound to hear 
evidence for the accused, but may do so when they have 
reason to believe that such evidence will explain away 
the charge. An indictment should be found when all 
the evidence before the jury, taken together, would, if 
unexplained or uncontradicted, warrant a conviction. A 
majority of the jury is sufficient to find an indictment. 


68 


CIVIL GOVERNMENT IN NEW YORK, 


Trial Jury.—This, in a justices’ court, consists of six 
persons. In the higher courts it is composed of twelve 
persons. 

Not less than fourteen nor more than twenty days be¬ 
fore each term of a court at which issues are triable by a 
jury, the county clerk must, in the presence of officers 
designated by law, draw from a list of names prepared 
once in three years by the supervisor, town clerk, and 
assessors of each town, the names of thirty-six persons or 
any additional number required by law, to serve as trial 
jurors at the time. In the city and county of New York, 
and in the county of Kings, the duty of preparing the jury 
lists is committed to an officer called a commissioner of 
jurors, who also performs many other important and 
responsible duties in connection with the drawing of 
juries. The number of jurors to be drawn for any term 
of a court, in either of these counties, is fixed by an 
order of the court. A person drawn as a juror must at¬ 
tend, unless exempt under the provisions of the law, or 
unless for satisfactory reasons he is excused by the court. 
It is an instance of “the office seeking the man.” From 
the jurors drawn and attending the court, the clerk of the 
court draws from a box, containing their names, twelve 
names of persons to serve as jurors upon the trial of a 
cause. If a cause is called while the first jury is delib¬ 
erating upon a verdict, a second jury is drawn in like 
manner. Unless all the jurors agree in a verdict, a new 
trial must be had. 

A Struck Jury. — Where, upon motion of a party to an 
action, it is made to appear to the satisfaction of the 
court that a fair and impartial trial cannot be had before 
a jury drawn in the ordinary way, or that the impor- 


THE JUDICIAL DEPARTMENT. 69 

tance or intricacy of the case demands a jury drawn in 
another way, an order is made, directing a special jury 
to be struck for the trial of the issue. Such a jury is 
obtained in the following manner: In the presence of 
the parties, the county clerk, or in New York or Kings 
Counties, the commissioner of jurors selects from the 
list of persons liable to serve as jurors, the names of 
forty-eight persons whom he deems impartial and best 
qualified to try the issue. 

From these names the parties, or their attorneys, 
alternately strike one name, until each has struck twelve 
names from the list. The twenty-four persons whose 
names are not struck from the list are notified to attend 
upon the term at which the trial is to be had, the same 
as ordinary trial jurors are notified. From the persons 
so notified and attending, a jury is formed in the same 
manner as other jurors are formed. 

A struck jury can be had only in the supreme court 
or a superior city court. 

The Court for the Trial of Impeachments has already 
been mentioned as composed of the president of the 
Senate, the senators, or a majority of them, and the 
judges of the court of appeals or a majority of them. 
The power of impeachment is vested in the Assembly, 
the vote of a majority of all the members elected being 
necessary. The Assembly, having voted to impeach, 
prepares articles of impeachment setting forth the 
grounds for the same. It is not unlike the. indictment 
found by a grand jury. The Assembly appoints from, 
its members so many as is deemed expedient, to act as 
managers in conducting the trial. They are the public 
prosecutors, — like the district attorney in conducting 


70 


C/y/L GOVERNMENT IN NEIV YORK. 


a trial for the commission of a crime. No one can be 
convicted under articles of impeachment without the 
concurrence of two-thirds of the members of the court 
present. 

Judgment, in cases of impeachment, cannot extend 
further than to removal from office and disqualification 
to hold any office in this state thereafter. 

Clerks of Courts. — Courts of a higher grade than 
justices’ courts, require clerks, and other officers and at¬ 
tendants. The county clerk is the clerk of the supreme 
court. The clerks of the other courts are usually, if not 
uniformly, appointed by the courts which they serve. 

The District Attorney in person, or by his assistants, 
conducts, on behalf of the people, all trials for the 
commission of crime. He is styled a judicial officer. 

Lawyers are Officers of the Court. — Their proper 
title is attorneys and counsellors-at-law. Persons are 
admitted to practice in the courts, under rules and 
regulations prepared by the court of appeals and the 
supreme court. 

Notaries Public and Commissioners of Deeds are offi¬ 
cers invested with important judicial functions. They 
take affidavits, administer oaths, and take acknowledg¬ 
ments of the execution of deeds, mortgages, and other 
written instruments. 

Notaries are appointed by the governor and Senate, 
commissioners of deeds by the Common Council of the 
city in which they are to serve. They must be resi¬ 
dents of the county or city for which their appointment 
is made; but notaries, upon filing a certificate of their 
appointment in the clerk’s office of another county, may 
act in such county. 


THE JUDICIAL DEPARTMENT. 


71 


A deed or mortgage, or other instrument affecting the 
title to real property, will not be recorded, unless its 
execution is acknowledged by the parties making the 
deed or other instrument, before an officer authorized to 
take and certify to the same. 

Where a deed, mortgage, or other instrument acknowl¬ 
edged before a notary in one county, concerns property 
in another county, it must be recorded in that other 
county. But before it will be admitted to record in such 
county, a certificate, under the seal of the county clerk 
of the county in which the acknowledgment was taken, 
must be attached to the instrument and must state that 
the person taking the acknowledgment is a notary, and 
that he knows the signature to be the signature of such 
notary. To this end it is necessary for a notary to file 
his signature in the county clerk’s office. 


QUESTIONS RELATING TO CHAPTER IV. 

1. Why do we need courts? 

2. Name some of the things‘which must be considered in providing 
courts to meet all the requirements of the people. 

3. Tell what you know concerning justices’ courts. Can a person be 
tried for his life in a justices’ court? If not, why? What do you know of 
the limitation of powers in these courts? By what authority are these 
limitations imposed? Name other courts that correspond with justices’ 
courts in towns. 

4. Who is the presiding officer of a county court? Express in four 
terms the jurisdiction of the county court, one of these terms being the 
word “ original.” What is a county court called when engaged in a crimi¬ 
nal trial? What is the equivalent, in New York City, for a county court? 

5. Give your ideas of the organization, jurisdiction, and powers of the 
supreme court. What is a judicial district? What is a judicial depart- 



72 


CIVIL GOVERNMENT IN NEW YORK. 


ment? Name the title under which the supreme court transacts different 
branches of its business. State the business of each. 

6. Name some courts having local jurisdiction similar to that of the 
supreme court. 

7. Name certain inferior city courts. 

8. What is the business transacted by a surrogate’s court? 

9. Can an action be commenced in the court of appeals? State how it 
is composed. What decisions does it review? How is it relieved when 
there is an accumulation of causes upon its calendar? 

10. When and for what purpose are referees employed? What does a 
referee do? 

11. What is a grand jury for, and how is it formed? 

12. How is a trial jury formed? 

13. What is a struck jury? How is it formed? 

14. How is the court for the trial of impeachments formed? 

15. Mention some of the powers and duties of Notaries and Commis¬ 
sioners of Deeds. 


Part IV. 

CIVIL DIVISIONS OF THE STATE. 


CHAPTER I. 

PRELIMINARY SUGGESTIONS. 

It is evident that any attempt, through a centralized 
authority at the seat of government, to exercise all the 
functions of government, in all of its details, over the 
entire territory and population of a large state, would 
be found cumbrous, unwieldy, and impracticable. 

Under the first Constitution of the state, fourteen 
counties, already existing, were recognized, and the 
representation of each in the Assembly was defined. 

The towns, as then constituted, were also recognized ; 
their officers were continued and their future election, 
as should be directed by the Legislature, provided for. 

The counties and towns were constituted civil divi¬ 
sions with certain defined powers of local self-govern¬ 
ment. 

In time, provision had to be made for the incorpora¬ 
tion of villages and of cities, with certain other speci¬ 
fied powers of local administration. 

These local governments are to a degree modeled 
after the plan of the state government. They have 

73 


74 CIVIL GOVERNMENT IN NEW YORK. 

their legislative, executive, and judicial departments, 
but their powers are strictly defined by law. 

The Legislature for a county, is a board of super¬ 
visors ; of a village, is a board of trustees; of a city, a 
board of aldermen or common council. 

The Legislature of a town consists of the assembled 
voters at a town meeting, where officers are chosen, 
taxes for town purposes are ordered, and other business 
of the town is transacted. 

A town is also further divided into school districts, 
with certain powers and. duties concerning the main¬ 
tenance of public schools, and some counties into 
school commissioner districts. (See pp. 128, 131.) 

Through these minor civil divisions of towns, coun¬ 
ties, villages, and cities, called municipal corporations, 
the people secure the blessings of free government 
more completely than they could through any central¬ 
ized power, however beneficent its purposes. 

It is also found convenient to divide the territory 
of the state for other purposes than local self-govern¬ 
ment,— as for the election of officers whose jurisdiction 
is not limited to the districts from which they are 
chosen. Such are judicial districts, in which the 
judges of the supreme court are elected; congressional 
districts, for the election of representatives in Con¬ 
gress ; senatorial districts, for the election of state 
senators; assembly districts, from which the members 
of the Assembly are chosen, and the like. So, also, 
for the convenience of the people, election districts are 
formed of small territory and a limited population, so as 
to ensure the opportunity to vote for all desiring to 
exercise the elective franchise. 


PRELIMINARY SUGGESTIONS. 


75 


These latter are a part of the machinery of the gen¬ 
eral state government, not governments within them¬ 
selves, like counties, towns, etc. 

It is now in order to inquire what are the needs of a 
people, which are to be met by the division of the state 
into towns and counties or otherwise. 

The organization and powers of school districts will 
be considered in the chapter on education (p. 128). 


QUESTIONS RELATING TO CHAPTER I. 

1. Name some of the divisions of a state, having governmental powers. 

2. Name some that have no governmental powers. What is the use of 
the latter? 

3. What constitute the Legislatures of towns, counties, villages, and 
cities respectively? 



76 CIVIL GOVERNMENT IN NEW YORK. 


CHAPTER 11 . 

THE TOWN. 

What the needs of a town are, is determined, within 
the limits prescribed by law, by its Legislature, — the 
voters assembled in town meeting. There will be the 
care and maintenance of its poor, building and repair of 
bridges, laying out and repair of highways, and many 
other things to provide for. Many duties imposed upon 
it by the laws of the state, will require officers for their 
proper discharge. It must have representation in the 
county Legislature. It will require courts of justice, 
and officers to wait upon these and execute their com¬ 
mand's. 

The assessment and collection of taxes calls for 
assessors and for an executive officer known as a 
collector. These, and other officers, are chosen at the 
town meeting. This is held on the same day in each 
town of a county, and may be fixed by the board of 
supervisors for any day between February i and May i. 

The officers to be chosen are a supervisor, four 
justices of the peace, a town clerk, three assessors, — in 
some counties more than three, — a collector, an over¬ 
seer of the poor, one or more commissioners of high¬ 
ways, three excise commissioners, and not to exceed five 
constables. Only one justice of the peace and one 
assessor is chosen at any town meeting, except where 


THE TOWN. 


77 


there is a vacancy—as the term of only one of these 
officers expires each year. The officers to be chosen, 
and their duties, are prescribed by law, and are not 
always precisely the same in each county, but in the 
main are as above set forth. 

The Supervisor is the representative of the town in 
the board of supervisors. Its business with the county 
is his especial charge. Many other duties relating to 
the town’s business are imposed upon him. He is 
practically the treasurer of the town. 

The Justices of the Peace are the local judges whose 
powers and duties have been sufficiently set forth in the 
chapter on the judicial department (pp. 55, 56). 

The Duties of the Assessors and of the Collector are 
explained in the chapter on taxation (pp. 119, 120). 

The Town Clerk keeps the town records, and all 
papers relating to the affairs of the town are filed with 
and preserved by him. He is the local secretary of state. 

The Constables are executive officers, and wait upon 
the justices’ courts, serve their processes, have charge of 
the arrest of criminals and their custody awaiting trial, 
and are charged with the collection of judgments entered 
by the court. They also.sometimes serve at the county 
seat when the court is in session. The duties of the 
other officers named are in a general way sufficiently 
defined by their titles. 

The supervisor, town clerk, and justices of the peace 
constitute a board of auditors to examine and pass upon 
claims brought against the town. Such as they approve 
are submitted to the board of supervisors, that the sum 
may be included with other items in the tax to be 
levied upon the town. 


78 CIVIL GOVERNMENT IN NEW YORK. 


CHAPTER III. 

THE COUNTY. 

The needs of the county will be much the same as 
those of the town, but upon a larger scale. It must have 
a court house, a jail, a fire-proof building for the preser¬ 
vation of public records, and other buildings and proper¬ 
ties essential for the proper execution of the county 
business. Its legislature is The Board of Supervisors, 
which is composed of one supervisor from each town in 
the county. It can only legislate within the powers 
prescribed for it by law. It is not possible to enumerate 
here all the powers and duties of a board of supervisors 
under the law. They are the authority under which 
taxes are collected. (See chapter on Taxation.) They 
canvass the returns of elections made to them by the 
inspectors of election in the several towns. In this 
capacity they act as a board of canvassers, having only 
ministerial powers. They are not invested with any 
discretion, but must ascertain, record, and promulgate 
the results precisely as these have been returned to 
them by the inspectors. Where obvious errors or con¬ 
flicting results are found upon the returns received by 
them, they may send back the returns to the inspectors 
for correction. 

The executive and judicial officers of a county are the 
following: A county judge, a surrogate in counties of 


THE COUNTY. 


79 


forty thousand population or more; a sheriff, a county 
clerk, a district attorney, county treasurer, superintend¬ 
ent of the poor, or equivalent officer, and four coroners. 
These are all distinctively county officers and are elected 
by the people. 

The Duties of County Officers do not need to be set 
forth at large. Some of them will be found stated in 
connection with other topics of discussion. The county 
clerk is the custodian of the county records. Deeds of 
real property, and mortgages and other liens or incum¬ 
brances are recorded in his office for safety and for the 
information of the public. In New York, Kings, and 
West Chester counties, this class of records is in charge 
of a special officer called a register. The county clerk 
is by law made the clerk of the supreme court in the 
county for which he is elected. This may perhaps be 
regarded as a quasi judicial function; yet, as a whole, 
his duties are administrative rather than executive or 
judicial. 

The District Attorney is the prosecuting officer of the 
county. (See p. 70.) 

The Sheriff is an executive officer. He has charge 
of the county jail, the custody of the criminals com¬ 
mitted, and executes the orders and mandates of the 
court in respect to both civil and criminal matters. 

The County Treasurer receives the county moneys 
from all sources, and pays them out in the manner 
directed by law. 

Coroners. — It is the duty of these officers to investi¬ 
gate sudden and mysterious deaths which may have 
been produced by violence or other than natural causes. 
Their proceeding is called an inquest, and the coroners 


So 


CIVIL GOVERNMENT IN NEW YORK. 


have power to summon a jury and subpoena witnesses. 
If the evidence points strongly to the commission of a 
crime, the accused may be held in custody to await 
indictment by the grand jury, and trial in criminal 
court. In the case of a vacancy in the office of sheriff, 
the county judge may designate a coroner to act as 
sheriff. 

Superintendents of the Poor have general charge and 
oversight of the indigent poor of the county. 


QUESTIONS RELATING TO CHAPTERS II. AND III. 

1. Tell all you can think of about towns: their respective requirements, 
their powers, their officers, and the duties of these. 

2. Name some of the requirements of a county. 

3. Of what is its legislature composed? What are its powers? Is the 
board of supervisors a legislature when canvassing the returns of an elec¬ 
tion? What are its powers in that capacity? 

4. Name the officers of a county and state. What are some of their 
duties? 

5. In what counties are deeds, mortgages, etc., recorded with another 
officer than the county clerk? What officer? 



RELATION OF TOWNS TO THE STATE. 81 


CHAPTER IV. 

RELATION OF TOWNS, COUNTIES, VILLAGES, AND 
CITIES TO THE STATE. 

It is to be observed that Towns and Counties have 
each a double function. They not only regulate their 
own internal affairs under the law, as corporate bodies, 
but they are at the same time the authorized agents of 
the state in the execution of its will as expressed in the 
law. 

Justices of the peace, though elected by the town, 
derive none of their powers from the electors, but wholly 
from the state. 

Collectors of taxes receive moneys from the taxpayers, 
not only for the needs of the town, but for the state as 
well. 

So of the county, the board of supervisors has a 
certain limited discretion as to the amount of money 
which it will put into the tax levy for county purposes, 
but has no discretion concerning the amount that shall 
be raised for the purposes of the state. Here, the 
mandate of the Legislature, communicated through the 
comptroller, is imperative, and must be obeyed. 

Villages and Cities. — The relation to the state of its 
villages and cities is somewhat unlike that of its towns 
and counties. The primary relation of towns and 
counties is as agents of the state in the administration 


82 


CIVIL GOVERNMENT IN NEW YORK. 


of the government. Incidental to this, and in further¬ 
ance of its purpose, is the granting to these communi¬ 
ties of certain defined powers, in the election of local 
officers, and in the control of their local affairs. 

The main consideration in the incorporation of vil¬ 
lages and cities, is the concession to them of those larger 
powers in local self-government through which the more 
urgent needs of a numerous and dense population may 
be met. 

Towns and counties are a necessity to the state, hold¬ 
ing incidental, though important, advantages for them¬ 
selves. 

Villages and cities are a necessity to themselves, but 
yielding incidental though very considerable advantages 
to the state. 

It must be borne in mind that the village never 
ceases to be a part of its town, nor a city of its county, 
except in those rare instances where the village and the 
town, or the city and the county become one. 

Hence, there will always be a town and a county 
through which the village or the city will be in practical 
relation with the state, as its agent in the administration 
of the government, without any impairment of its own 
corporate powers and privileges. 

Even where the village and the town, or the city and 
the county are one, the town and the county will still 
maintain their corporate existence as agents of the state 
for such purposes as the state may require. It will still 
be as a town that the village will elect its supervisor; 
it will still be as a county that the city will elect its 
sheriff, its county clerk, or its district attorney. 


VILLAGES. 


83 


CHAPTER V. 

VILLAGES. 

The number of incorporated villages in the state, 
January i, 1892, was 352. Their population in 1890 
varied from 177 to 16,423. Six had a population ex¬ 
ceeding 10,000 each. The ^ost populous exceeds in 
the number of its inhabitants any one of twelve out of 
the thirty-four cities. Many of these villages were in¬ 
corporated by special acts, before the enactment of the 
general law for that purpose, and would not now be 
eligible for incorporation. 

When some portion of a town becomes a center of 
business activity, with a population much more concen¬ 
trated than in the surrounding region of country, many 
needs relating to the public convenience and welfare 
will arise, which cannot be met under the powers con¬ 
ferred upon an ordinary town organization. 

Highways, which have now become streets, will need 
to be more durably constructed, sidewalks will be a 
necessity, which will add to the cost of construction and 
maintenance; and the taxpayers of the town at large 
will naturally object to sharing in an expense which 
chiefly benefits the populous center of trade and thrift. 

Recourse must then be had to incorporation, by 
means of which the larger powers, required to meet the 
larger needs, may be secured. 


84 CIVIL GOVERNMENT IN NEW YORK. 

General Incorporation Law for Villages. — The incor¬ 
poration of villages is now effected under the provisions 
of a general law. To be eligible to incorporation there 
must be a population of not less than three hundred within 
an area of not exceeding one square mile. Of course a 
larger territory than one square mile may be included, 
but there must be three hundred inhabitants for each 
additional square mile. 

After certain preliminaries concerning notice, re¬ 
quired by the statute, are complied with, the question 
for or against incorporation is decided by ballot, at a 
meeting of the voters called for that purpose. If the 
vote is favorable, the incorporation of the village is 
effected upon filing notice of the result with the county 
clerk. 

An election for village officers is thereafter held, at 
which the votes of a plurality elect. 

Village Officers.—The officers provided for in the 
statute are a president and three trustees, a treasurer, 
and a collector. A clerk, street commissioner, and 
some other officers are or may be appointed by the 
board of trustees. Provision is also made in the stat¬ 
ute for increasing the number of trustees from time to 
time, as the population of the village increases. The 
trustees, or a committee of their number, act as asses¬ 
sors ; but it is also provided that this may be changed 
and assessors elected. Where the population of a village 
exceeds three thousand, the trustees may provide for the 
election by the people of a police justice, v.ffiose term 
shall be four years, and who shall have the power of a 
justice of the peace in the town. The trustees and 
village clerk are constituted inspectors of election. 


VILLAGES. 


85 


Powers and Duties of the Trustees.—The trustees 
have the care, management, and control of the finances 
and property of the village, and the custody of its rec¬ 
ords. They may make and amend or repeal rules, ordi¬ 
nances, and by-laws for the government of the village. 
They have important powers in relation to the public 
health. They audit accounts and claims against the 
village. They are, in short, the village Legislature 
with some executive and judicial functions, but pos¬ 
sessing no powers but such as are conferred by law. 

They are required to make, at every annual meeting, 
a statement of the expenditures for the past year, and 
of the estimated expenditures for the ensuing year. 

The trustees are authorized to incur the ordinary 
expenses necessary to carry out the provisions of the 
law, or to enforce the rules and by-laws of the board 
made in pursuance of law. 

Extraordinary expenses, as for some considerable and 
costly improvement, must be submitted to the electors 
for approval. 

The Taxpayers of the Village contribute to the 
expenses of the town and county, and pay their share 
of the state tax, in common with the taxpayers of the 
town, and these they pay to the town collector. 

The taxes for village purposes are assessed, levied, 
and collected by the village authorities, and are paid 
into the village treasury. 


86 CIVIL GOVERNMEJSrr IN NEW YORK. 


CHAPTER VI. 

CITIES. 

Cities are but villages, whose population and material 
interests have outgrown in their requirements the 
limitations imposed by a village charter. 

Larger powers are deemed necessary to plan and to 
construct local public improvements upon a scale to 
meet the demands of an increased and increasing popu¬ 
lation, and to provide the means with which to pay the 
cost of their construction and maintenance. 

Stronger powers are and will be needed to restrain 
the vicious tendencies of the lawless classes, who always 
seek, in the great centers of population, a refuge, or a 
field for criminal activity. 

More diversified powers are required to meet and 
provide for the changing conditions wrought by com¬ 
mercial growth and the expansion of industrial activ¬ 
ities. 

Just what the conditions are, or must be, which will 
make it expedient to secure incorporation as a city, can-, 
not be absolutely defined. Population alone does not 
determine the question, for, as has been shown on p. 83, 
there are several villages in the state, each with a popu¬ 
lation greater than that of any one of a number of cities. 

Neither the Constitution nor the laws attempt to 
define the conditions of eligibility for incorporation. 


CITIES. 


87 


The spirit of the age favors local freedom, and makes 
controlling the desires of the community to be served, 
as expressed through their immediate representatives 
in the Legislature. 

Limitation of Corporate Power. — But though the con¬ 
ditions of eligibility to incorporation are thus made 
easy, the powers which may be conferred by any act 
of incorporation are limited by the Constitution in 
these words : “ It shall be the duty of the Legislature 
to provide for the organization of cities and incorpor¬ 
ated villages and to restrict their power of taxation, 
assessment, borrowing money, contracting debts, and 
loaning their credit, so as to prevent abuses in assess¬ 
ments, and contracting debt by such municipal corpora¬ 
tions.” Article VIII, sec. 9. 

The above is an obligation imposed upon the Legis¬ 
lature to restrict the powers of municipal corporations 
through their acts of incorporation. But section 11 of 
the same article, itself restricts the powers of these cor¬ 
porations in respect to the amount of debt which they 
may create. 

Municipal Organization. — Certain features of organi¬ 
zation will, in the nature of things, be found common 
to all city charters. 

In all, the legislative power is vested in a board of 
aldermen, or common council. 

The chief executive officer in every city is the 
mayor. 

A Law Officer is provided for every city. In some he 
is styled city attorney, in others corporation counsel, 
these being but different names for substantially the 
same thing. 


88 


CIVIL GOVERNMENT IN NEW YORK. 


He conducts all the legal business of the city, prose¬ 
cutes and defends suits, and renders opinions upon 
questions of law when called upon by the common 
council, the mayor, or other city officers. 

He has nothing to do with criminal business, which 
is attended to by the district attorney of the county. 

City Revenues.—The collection and disbursement of 
the yearly revenues constitute an important department 
of municipal administration. The amount of moneys 
that shall be raised, and the purposes to which they 
shall be applied, are generally passed upon by the com¬ 
mon council. But, in some cities, the council only 
passes upon estimates previously prepared for them by 
an officer, or by a board of officers constituted for this 
purpose, and called a board of estimate. The sums fixed 
by this officer or board, to be raised for the various pur¬ 
poses named, may be reduced, but cannot be increased 
by the common council. 

City Assessors. — In the meantime the assessors, or 
in some cities an organized board of assessors, have 
been engaged in ascertaining the value of the property 
liable to taxation. 

Collector or Receiver of Taxes. — The officer who 
collects or receives the money from the taxpayers is, as 
in towns, commonly called a collector. But in New 
York City he is called receiver of taxes. In several 
cities he is designated chamberlain, who may also act as 
treasurer; and in some, the duties are performed by 
some other officer of the city. 

City Treasurer. —The moneys received by the collector 
are by him paid over to the city treasurer, who deposits 
them in such banks or trust companies as the proper 


CITIES. 89 

authorities direct. In some cities the taxes are paid 
directly to the treasurer, who is ex officio collector. 

The money once in the treasury, it cannot be paid 
out except upon proper authority. 

City Auditor.— In some cities there is an officer called 
auditor, whose duty it is to examine all bills and accounts 
presented against the city for payment. Before any 
claim can be paid he must certify that the services have 
been rendered, or the material furnished, for which the 
claim is presented. 

City Comptroller.— In order to carefully guard against 
error in the management of the finances of a city, it is 
sometimes found expedient to have a supervising officer 
known as a comptroller, to whom all other financial 
officers, as collector, auditor, treasurer, etc., shall make 
returns of the business in their respective departments. 
Warrants for the payment of moneys are signed by the 
comptroller and by the mayor, and are countersigned by 
the city clerk, and presented to the treasurer for payment. 
Of course the original authority under which moneys 
are drawn from the treasury is the common council. 

In these or equivalent ways, through such officers, or 
others charged with similar duties, every city seeks to 
protect itself in the custody and disbursement of its 
public moneys. 

Department of Police.—This is a marked feature 
of every city government. The executive head, or con¬ 
trolling and directing authority of this department, is 
variously constituted in the different cities of the state. 
In some cities the mayor is the source of authority, 
though his orders are executed through a chief and sub¬ 
ordinate officers. Other cities have a board of police 


90 


CIVIL GOVERNMENT IN NEW YORK. 


commissioners, of which the mayor is one, and usually 
its president. In New York there is a board of police 
consisting of four commissioners, and in Brooklyn a 
single commissioner is the head of the department. 
The chief of police is, in most cities, the head of the 
force, but is subject more or less to the orders of the 
mayor. Some cities have a superintendent of police 
who ranks higher than the chief. 

City Fire Department. — An efficient fire department 
is essential to every city. The officer in immediate 
command of the force is the chief engineer, but the 
department is in most cities under the direction of a 
commissioner or board of commissioners. 

Board of Health.—The duties and powers of this 
board, which at times must be very arbitrary, cannot 
be enumerated. A single commissioner with subordi¬ 
nates appointed by him sometimes constitutes the 
department. 

Department of Public Works. — Among the impor¬ 
tant interests of any city, its public works will rank 
very high. The duties of this department will embrace 
such matters as the custody and care of the public 
buildings, the waterworks, streets and highways, sewers 
and drainage, sunken and vacant lots, the making of 
maps, plans, and estimates, enforcing contracts made 
with the city and very many others. In some cities 
there is a single department supervising various bureaus 
into which the department is divided. In others each 
bureau, as of streets, sewers, and the like, is a separate 
and independent department. 

Department of Buildings.—This in the larger cities 
is in charge of a board or officer, whose duty it is to 


CITIES. 


91 


see that the laws governing the erection of buildings 
within the city limits are complied with. 

Public Parks. — These are usually placed in charge 
of a single officer or board of officers to whom is com¬ 
mitted their care and management, their repair and im¬ 
provement, and who establish rules for their use and 
enjoyment by the public. 

The Department of Excise is sometimes united with 
the department of police, but however constituted, its 
business is to consider and decide upon applications for 
license to sell spirituous and malt liquors. 

The Department of Public Instruction is considered 
under the article on “Education” (p 134). 

Diversity of Organization. — In respect to the number 
of these several departments, and the form of their or¬ 
ganization, there will of course be great diversity. But 
it will be found, that in some way, all of these impor¬ 
tant and vital interests of the people are cared for in the 
organic law. If there is anywhere failure to secure 
the benefits which the law contemplates, it is through 
the indifference of the people to their own interests. 

The constitution or organization of the common coun¬ 
cil is by no means uniform in the several cities of the 
state. Nor is it material that it should be so. In some 
the mayor, in others the mayor and recorder, are ex 
officio members of the common council. In Buffalo the 
common council consists of two bodies. 

The division of powers between the mayor and com¬ 
mon council in respect to the appointment of heads of 
departments and other officers is far from uniform. In 
a few cities the mayor has the sole power of appoint¬ 
ment. In others this power is vested in the common 


92 


CIVIL GOVERNMENT IN NEW YORK. 


council. In others again, indeed in most cities, the 
appointments are made by the mayor, with the concur¬ 
rence of the common council. 

In every city the mayor has power to veto the ordi¬ 
nances and resolutions of the common council. 


QUESTIONS RELATING TO CHAPTERS IV., V., AND VI. 

1. Try and define clearly the difference between a town and a village, 
and between a county and a city, in their relation to the state. If you 
have no clear idea, read over Chapter IV. under direction of and comment 
by the teacher, until you understand it. It is not difficult. It is only new. 

2. How are villages incorporated? What are the officers of a village ? 
Name the legislative, executive, and judicial officers, respectively, of a 
village. 

3. To whom do the taxpayers of a village pay their state, county, and 
town taxes? To whom do they pay their village taxes? 

4. How does a city become incorporated? What limitations are im¬ 
posed upon the Legislature in the incorporation of cities and villages? Is 
there any other restriction upon their powers? What? 

5. Name the leading departments necessary to any city government. 

6. Name points of resemblance and of difference in the provisions of 
different city charters. 



Part V. 

MISCELLANEOUS TOPICS. 


CHAPTER I. 

CLASSIFICATION OF THE LAW. 

I. Constitutional Law.— The supreme law of the 
state — subject always to the Constitution and laws 
of the United States — is its Constitution. 

It is framed by a convention chosen for that purpose, 
and for no other, and since the first, in 1777, and its 
amendment in 1801, the work of each convention has 
been submitted to the people for ratification or rejec¬ 
tion. 

Since 1777 there have been but three constitutional 
conventions in this state, charged with the duty of pre¬ 
paring and submitting to the people a complete revised 
Constitution. These were in 1821, in 1846, and in 1867. 
Of the latter only its judiciary article was ratified. 

Amendments.— But amendments have at various times 
been prepared by the Legislature in conformity with 
the provisions of the Constitution of 1846, and submitted 
to the people, some of which have been ratified and 
others rejected. The most considerable of these was 
the work of a commission of thirty-two members, con- 

93 


94 


CIVIL GOVERNMENT IN NEW YORK. 


vened under an act of the Legislature of 1872. The 
amendments agreed upon by the commission were sub¬ 
mitted to the Legislature of 1873, approved, with the 
exception of one article, by that and the succeeding 
Legislature, and finally ratified by the people. 

Other amendments to the Constitution have since 
been made by the action of two successive Legislatures 
and ratification by the people. 

The Constitution is the framework of the civil govern¬ 
ment of the state. It defines the rights of the citizen, 
and declares them to be inviolate. It provides for the 
establishment and equipment of the three departments 
of government which have already been considered. It 
defines and limits their powers, and prohibits such legis¬ 
lation as it is believed would be harmful. It sketches 
in outline the various departments of administration, 
and provides for their organization and effective opera¬ 
tion. The subjects to which it addresses itself can but 
be learned by a careful study of its provisions. Some 
of these have already been brought to view in these 
pages. 

2. The Common Law.—The convention that adopted 
the first Constitution of this state in 1777, in a single 
half-page enacted a vast body of law in these words : 
“ Such parts of the common law of England, and of the 
statute law of England and Great Britain, and of the 
acts of the Legislature of the colony of New York, as 
together did form the law of the said colony on the 
nineteenth day of April, 1775, shall be and continue the 
law of this state, subject to such alterations and pro¬ 
visions as the Legislature of this state shall from time 
to time make concerning the same.” From the above 


CLASSIFICATION OF THE LAW. 


95 


were, however, expressly excepted such parts as might 
be construed to establish or maintain any particular 
denomination of Christians or their ministers, or such 
as concerned the allegiance of the colony to the king of 
Great Britain. In other words, there was to be no 
established church in this state. 

A Significant Date.—The date after which new 
enactments of law in England should cease to be in 
force in the state of New York is significant. It was 
the day of the battle at Lexington, Mass., when the 
struggle of the colonists against the usurpations of Brit¬ 
ish power culminated in actual hostilities. 

The common and the statute law of Great Britain 
existing at that time, are commonly considered together 
as the common law. Great changes have been wrought 
in this common law, by amendment, or rather by the 
enactment of laws inconsistent with the common law. 
But much of it is still in force. 

3. Statute Law. — The acts of the Legislature form 
what is known as statute law, and are published each 
year in volumes entitled, “ Session Laws of the State of 
New York.” Emanating as they do from the only law¬ 
making power in the state, constituted as such, they are 
commonly considered as embodying the law of the state. 
They are in fact only an important part of what con¬ 
stitutes the law. 

4. Judicial Law.—The decisions of the United 
States courts and of the courts of record in this state, 
form a body of law of a very high order. It is hardly 
too much to say that it is of the highest order. Con¬ 
sideration is herein given only to the decisions of the 
courts in this state. 


96 CIVIL GOVERNMENT IN NEW YORK. 


Before a court of competent jurisdiction, not only 
every statute, but even the Constitution itself may be 
arraigned, upon the trial of any cause in which the true 
meaning or the constitutionality of the one, or the 
true meaning only of the other, is in issue. If the 
court declares the statute to be wholly or in part uncon¬ 
stitutional, it is as though such statute or such part of 
the statute had never been enacted. What the court 
declares to be the true meaning of the statute or of the 
Constitution, becomes the law, embodied in the statute 
or in the Constitution, and these will thereafter be read 
and understood in the light of this interpretation given 
to them by the court. 

But the authoritative construction and interpretation 
of the Constitution and the statutes, forms but a small 
part of the great volume of judicial law with which the 
advocate must become familiar. 

It embraces the conclusions of the courts in the appli¬ 
cation of the law to the facts and circumstances of every 
case, each unlike every other, brought before them for 
adjudication. 

These decisions, and the law which they embody, are 
of varying degrees of importance as an authority. 
Those of the court of appeals rank first. But those of 
the supreme court and of the superior city courts, when 
not overruled, have much value. 

It will be observed that in the formation of judicial 
law the courts in no wise trench upon the prerogatives 
of the Legislature. They possess no original law-mak¬ 
ing power. They cannot go out of their way to find 
statutes to interpret nor principles of law to enunciate. 
They can only act upon issues duly and formally made 


CLASSIFICATION OF THE LAW. 


97' 


up and submitted for their adjudication. And then, if 
the interpretation of the statute by the court is opposed 
to the real purpose of the Legislature in its enactment, 
if it appears that the Legislature in fact did what it did 
not intend to do, and if it is believed that the effect of 
the statute as expounded by the court will work hard¬ 
ship or injustice, it is the province of the Legislature to 
amend the statute and thus to prevent future injustice. 

There are various minor subdivisions of the law, such 
as civil law, criminal law, corporation law, marine law, 
the law of practice found in codes of procedure, and 
others that might be mentioned. But the mere sugges¬ 
tion of these is deemed sufficient for the purpose here 
in view. 


QUESTIONS RELATING TO CHAPTER I. 

1. How is the constitution of a state formed? How may it be amended 
in this state? 

2. Under what constitution of the state are we now living? (See 
P- 36.) 

3. Wherein does constitutional law differ from the laws enacted by the 
Legislature ? 

4. By what authority is the common law of England made the law of 
this state ? 

5. What is the only law-making power in the state? How is it that we 
must look elsewhere than in the statutes for much of the law by which we 
are governed? 

6. Tell how the decisions of the courts come to be a part of the law of 
the state. 



98 CIVIL GOVERNMENT IN NEW YORK. 


CHAPTER 11. 

ELECTIONS. 

Section I. — Preliminary. 

Right of Suffrage. — Civil government is maintained 
through the exercise by the people of their right to choose 
the officers who shall make, execute, interpret, and ad¬ 
minister the laws. This is called the right of suffrage. 
That it is found expedient to commit the appointment 
of many merely administrative officers to the governor 
and Senate or to the Legislature does not affect the 
truth of the proposition. 

Voters or Electors. — Upon a designated day in every 
year, the legal voters or electors from among the six mil¬ 
lion of people in this state, are called upon to express 
their choice concerning one or more officers to whom 
some of the above-mentioned powers are to be com¬ 
mitted. This is called a general election, though county, 
district, and municipal officers may be and frequently 
are, chosen at the same time. This election occurs on 
the first Tuesday after the first Monday in November 
in each year. The terms voter and elector are used 
interchangeably, meaning the same thing; that is, the 
person who has a right to vote. 

Elections for town and for village officers, and in most 
cities for city officers, are held at another time than that 
designated for the general state election. 


ELECTIONS. 


99 


Election by Ballot. — In this state all officers, whose 
appointment by some constituted authority is not pro¬ 
vided for by law, are chosen by ballot. 

Prior to the organization of the state government in 
1777, the voting for the few officers elective by the 
people was viva voce. 

The first Constitution of the state provided for the 
election by ballot of the governor and lieutenant-governor 
only. It did, however, with expression of considerable 
misgiving, confer upon the Legislature the power, “ as 
soon as may be after the termination of the war be¬ 
tween the United States of America and Great Britain,” 
to provide that all elections thereafter to be held for 
senators and representatives in Assembly, should be by 
ballot. But it further provided “ that if, after a full and 
fair experiment shall be made of voting by ballot afore¬ 
said, the same shall be found less conducive to the safety 
or interest of the state than the method of voting viva 
voce,'' the Legislature might abolish the same by a two- 
thirds vote. 

Election by Plurality. — In this state the candidate 
receiving the highest number of the votes cast for any 
office is elected. This is called election by a plurality of 
votes, in distinction from an election where a majority of 
all the votes cast is necessary to elect. An exception 
to this rule is made in a few instances, where it is deemed 
advisable to give representation to the minority. Thus, 
in an election for justices of the sessions in counties, two 
are to be chosen, but the name of only one is to be 
placed upon any ballot, and the candidates receiving the 
highest and the next highest number of votes are elected. 
A similar rule applies to the election of inspectors of 


100 


CIVIL GOVERNMENT IN NEW YORK. 


election wherever these officers are made elective by the 
people, except that there a selection is afterwards made 
from those receiving the smaller vote. 

Qualifications of Voters. — The right of suffrage is not 
like “ life, liberty, and the pursuit of happiness ” a nat¬ 
ural and inalienable right. The people of the state, 
through the Constitution which they ratify, declare who 
shall be entitled to vote — and their determination em¬ 
braces considerations of justice and expediency, rather 
than of right. The following are excluded : — 

1. All women. 

2. All persons under twenty-one years of age. 

3. All unnaturalized foreigners. 

These exclusions reduce the voting class to male citi¬ 
zens, twenty-one years of age. 

But there are further restrictions. A naturalized 
foreigner must have been such for ten days previous to 
the election at which he offers his vote. 

A citizen must have been an inhabitant of the state 
for one year, a resident of the county four months, and 
of the election district in which he offers to vote, for 
thirty days. 

Where all of the above-named conditions are complied 
with, the person is pi'esitmed to be a legal voter. 

Other Disabilities. — But the citizen may have created 
for himself other disabilities which will deprive him of 
the franchise. Persons convicted of bribery or of any 
-infamous crime, thereby forfeit their right of suffrage. 

The Constitution declares that no person who has 
given or received, or paid or promised to pay, any money 
or valuable thing, or who shall make any promise as an 


ELECTIONS. 


lOI 


inducement to another to give or to withhold his vote 
at an election, or who is interested in any bet or wager 
depending upon an election, can vote at such election. 
That this constitutional inhibition is enforced in every 
instance is hardly to be presumed. 

Registration of Voters. — To aid in ascertaining who 
are the qualified voters at any election, a list of such 
voters is prepared before the election in each year, in each 
election district of the state. In the cities of New York 
and Brooklyn these lists are prepared by officers called 
registrars, who enter thereon the names of those only 
who appear before them for the purpose of being regis¬ 
tered, and who give such facts relating to their identity 
as are required, which are entered with the name of the 
voter upon the registry list. The list thus made up is 

called the Registry of Voters in the-Election District 

_, Ward of the City of- No one whose 

name is not on the registry can vote at the ensuing elec¬ 
tion. One’s rights as a voter may be challenged when 
he offers to register, or when he offers his vote, and in 
either case, there must be administered to him an oath 
prescribed by law, covering the qualifications of a voter. 
If he takes the required oath his name must be regis¬ 
tered or his vote must be received, as the case may be. 

In other cities, and in the towns, the registry lists are 
made up by the inspectors of election in the several 
districts, on the days designated by law. The basis of 
this registry is the list of those who voted at the last 
previous general election, called the poll list. This is 
revised and corrected by the inspectors, by striking off 
the names of those known to have died or to have re¬ 
moved from the district, and by inserting the names of 




102 


CIVIL GOVERNMENT IN NEW YORK. 


Others who present themselves for registry, and prove 
themselves to be legal voters in the district. 

At the last general election (1891) there were reg¬ 
istered in the 4892 election districts in this state, in 
the neighborhood of 1,400,000 voters. Of these, only 
1,162,853 exercised the privilege of voting. 

Concert of Action among Voters at an Election. — The 
inquiry arises, what is there in the law, or in the nature 
of things, to prevent each individual elector from voting 
for a different set of men for the various offices to be 
filled at an election } In the law, nothing. In the 
nature of things, everything. If it could be possible, 
representative civil government would be a failure. It 
would be a demonstration, complete and absolute, that 
mankind were not fit for self-government. 

It is, however, inconceivable that a million and more 
of voters, or a few thousand, or even a few hundred, 
should go to the polls without some previous conference 
or understanding by some of them amongst themselves, 
as to a set of candidates whom all should agree to support. 

It is equally unlikely that all the voters could be 
brought to unite in supporting the same set of candi¬ 
dates. This difference of opinion would give rise to 
two or more conferences. The result would be, not less 
than two sets of candidates to be voted for; there might 
be three or more. The voters pledged to either set of 
candidates would for that occasion or election constitute 
a political party. 

How Parties are Formed. — Upon what issue would 
such a general conference as we have supposed, divide 
and form separate conferences } It might be, either the 
personal character and fitness of the men proposed as can- 


ELECTIONS. 


103 


didates, or their pronounced views concerning some prin¬ 
ciple or policy in the administration of the government. 

But there are many men of high personal character, 
and of eminent fitness for official position, in every com¬ 
munity, so that a failure to unite upon that issue would 
be but natural. The result of such failure would be a 
division into many conferences and the presentation of 
many sets of candidates against whose personal worth 
and fitness nothing could be urged. The embarrass¬ 
ment would be the same in kind, and only less in degree, 
as that which we have supposed would result from each 
voter going to the polls with no previous conference 
with any other voter. 

The obvious conclusion is, that the voters would agree 
amongst themselves upon some line of policy in the 
administration of the government, which they would 
advocate, and to the support of which their candidates 
would be pledged. 

Another class of voters, opposed to the policy pro¬ 
mulgated by the first, would formulate their policy of 
government, and select candidates favorable to their 
views. The superiority of the issue thus formed, over 
one based upon the purely personal attributes of candi¬ 
dates, does not need to be emphasized. The former is 
enduring, the latter is ephemeral. The former unites 
masses of voters and holds them together, not for one 
election only, but for generations of elections. 

It must not be supposed that the preliminaries to nom¬ 
inations would embrace all the details sketched in our 
illustration. There would be no general conference 
that would meet, disagree, and divide into separate con¬ 
ferences. Long before the time for the election, the 


104 CIVIL GOVERNMENT IN NEW YORK. 

issue to be decided at the polls would be made up and 
defined through the newspapers and in public discus¬ 
sion; public opinion will have become divided, parties 
will have been formed, and the separate conferences 
will have taken the form of representative conventions, 
called for the purpose of nominating candidates in the 
interest of their respective party constituencies. 

Such, in outline, is the evolution of parties in a govern¬ 
ment by the people. Parties are a necessity, but they 
are a means to an end, not the end itself. Parties 
come into being as agencies in giving expression to the 
will of the people. Government by the people, for the 
people, through parties as an instrumentality, is both 
necessary and salutary. Government by party, for party 
onlyy is a form of despotism. 

Nomination of Candidates. — It is no more possible 
for parties, that is, for the members or constituencies of 
parties, to agree in mass meeting upon the selection of 
candidates whom they will support, than it is for the 
people to enact laws in that way. The half million or 
more of voters attached to each of the leading political 
parties in this state must, therefore, be so organized, 
that they can act through representatives to whom they 
will commit the power and duty of nominating candi¬ 
dates for the party support. For this purpose of organ¬ 
ization, the civil divisions of the state are made use of. 
The unit of political action is the town or ward, but the 
unit of political power is the county. In every county 
in the state there is for each of the two leading political 
parties what is known as a 

County General Committee. — This is a representative 
body composed of delegates chosen from the towns or 


ELECTIONS. 


105 


wards in the county, by the voters belonging to the 
party, or to the party organization, in the towns or 
wards. In New York City, however, they are chosen by 
Assembly districts, these being, in that city, the unit of 
political action. This committee has general charge, 
within the county, of the interests and affairs of the 
party which it represents. It organizes and conducts 
the political campaign, appoints meetings, assigns 
speakers, and otherwise labors to promote party enthu¬ 
siasm and to swell the party vote. Much of the active 
work is done by an executive committee of the general 
committee, or by a campaign committee. 

In the larger cities it is practicable to maintain a per¬ 
manent ward or district organization to membership in 
which none but voters with the party are admitted. 
These are called Ward or District Associations. They 
hold meetings, more or less regular, for the admission 
of members, and for the transaction of general business 
in the interests of the party which they represent. They 
elect delegates to the county general committee and to 
various nominating conventions, and nominate the can¬ 
didates for ward officers. The meetings at which dele¬ 
gates are chosen, or ward officers nominated or their 
own officers elected, are called primaries, are held by 
direction of the general committee, and are also under 
the protection of the law in respect to the exclusion 
of those not entitled to vote, and to the preservation 
of order and regularity in the conduct of the election. 

In the towns of the state, and in the wards of cities 
where no permanent party association is formed, the 
voters of each party meet, in what is called a caucus, 
for the purpose of nominating town or ward officers. 


Io6 CIVIL GOVERNMENT IN NEW YORK. 


and choosing a member of the county committee. It 
also appoints a committee with power to call future 
town or ward caucuses for the like purpose, and for 
choosing delegates to county or Assembly district nomi¬ 
nating conventions. These conventions nominate can¬ 
didates for county officers, or for a member of Assembly 
and for school commissioners. 

Nominating conventions in districts embracing more 
than one county, as judicial districts and others, are 
called by the district committee appointed for that 
purpose at a previous convention. Delegates to these 
larger district conventions, as also to the state conven¬ 
tion for the nomination of state officers, are chosen by 
the county convention, or by the conventions in the 
lesser districts. The state convention, besides nomi¬ 
nating candidates for state officers, and in presidential 
years, delegates to the national convention and candi¬ 
dates for presidential electors, appoints each year a 
State Committee composed of one member from each 
congressional district. This committee conducts the 
campaign of the party over the entire state. It main¬ 
tains correspondence with county committees to learn 
the state of the canvass, and co-operates with them in 
devising ways and means to make the work effective 
and the result successful. 

In this way candidates are selected by the two great 
political parties of the country. There may be, there 
often are, candidates put in nomination, by conventions 
of voters who hold.to some distinctive and dominating 
principle or policy not recognized by the leading par¬ 
ties, but which they regard as vital, and which they are 
organized to promote. 


ELECTIONS. 


107 


Importance of Party Organization. — This discussion 
concerning parties and party machinery is by no means 
outside the domain of civil government. We can have 
no rational conception of civil government, which is 
only the will of the people expressed through prescribed 
forms and duly constituted agencies, if we leave out of 
view its elementary factors. It is not material that 
this agency is not prescribed nor created by law. It 
has the sanction of law in the protection given by 
law to the primary elections by parties, and in the 
exclusion from the polls of ballots not duly authen¬ 
ticated by party convention or other representative 
authority. The people elect, but the party conventions 
give the people but a narrow choice as to whom they 
may elect. Which is the greater force } It is a great 
’power — a great responsibility — that of a nominating 
convention. Yet without this agency or force, ex¬ 
pressed in some form, civil government would cease to 
exist, and the people would be left to choose between 
despotism, anarchy, and chaos. 

Section II. — Official Preparation. 

Machinery of an Election. — To provide the machin¬ 
ery by which 1,500,000 voters — more or less — may, 
between sunrise and sunset, deposit the ballots which 
express their choice of candidates for the several offices 
to be filled, is a great undertaking. 

Districts.—The entire state must be divided into 
election districts, convenient in point of size and voting 
population. The law imposes this duty upon certain 
local authorities, and prescribes the manner in which 


I08 CIVIL GOVERNMENT IN NEW YORK. 


it shall be discharged. At the election in this state, 
in 1891, there were 4892 of these election districts. 

Rooms and their Equipment. — In each of these dis¬ 
tricts, a room must be provided suitable for the pur¬ 
poses of the election. These must be furnished with 
tables, chairs for the use of poll clerks, registry lists, 
ballot boxes, blank poll lists, and other blank forms that 
may be required in administering the oath to challenged 
voters, writing materials, a guard rail for the protection 
of voters from crowding or other interference, and booths 
into which the voters may retire for the selection or 
preparation of their ballots. • 

Election Officers. — Inspectors of election, not less 
than three at each poll, must be in attendance on the 
morning of the election, to receive the ballots from the 
officers charged with their care and delivery, and to 
have charge of the proceedings during the day. In 
Brooklyn, the registrars in each election district serve 
also as inspectors of election, together with two other 
persons appointed to act with them. Ballot clerks and 
poll clerks will be required to deliver the ballots to 
voters and to enter the names of voters and compare 
them with the registry. Altogether, not less than thirty- 
five thousand officers are employed in conducting a gen¬ 
eral election in this state. 

Printing and Distribution of Ballots. — Prior to the 
election, many millions of ballots must be printed, and 
the required number of these must be delivered to the 
inspectors at the polling place in each of these nearly five 
thousand districts, before the time for opening the polls 
on election day. Should there be four general tickets 
nominated for the next general election, there will have 


ELECTIONS. 109 

to be printed and distributed not far from 11,500,000 
ballots. 

Except in the cities of New York and Brooklyn, the 
county clerk of each county attends to the printing of 
the ballots for his county and to their delivery to the 
town clerks of towns or to the city clerks of cities on 
the Saturday before the day of election. The town 
clerks and city clerks deliver them to the inspectors of 
election, on the morning of election day. The board 
of police in the city of New York, and the board of 
elections in the city of Brooklyn, attend to the printing 
of the ballots and to their delivery to the inspectors. 
The utmost care and vigilance must be exercised in the 
printing of these ballots, to avoid mistakes in the spell¬ 
ing of the names of candidates, or errors in the indorse¬ 
ments, or even the accidental marking or blurring of the 
ballots or any of them, which'will cause their rejection ; 
and equal care will be required by the officers in whose 
custody they are placed, to guard them from accident 
or malicious interference. 

It will be seen from the foregoing that the elective 
franchise is regarded as a matter of supreme importance. 
In the exercise of this high privilege the humblest toiler 
and the millionaire stand on the same level before the 
law, which accords to each the same facilities and the 
same protection. 

Section III.— The Voting. 

Until two years ago, the printing and distribution of 
the ballots to be used at an election were looked after 
by the candidates and by the official representatives of 


110 


CIVIL GOVERNMENT IN NEW YORK. 


the respective political parties, who in each town or 
ward would take them in charge and provide for their 
delivery to the voters as they came to the polling place. 

The Ballot Law of 1890. — But under the ballot law 
of 1890 all this part of the voluntary machinery of elec¬ 
tions has passed away. The ballots, printed under the 
direction of the county clerks, or other lawful authority, 
are called “ official ballots,” and are the only ballots 
delivered to the inspectors and given by them to the 
voters. There will be as many kinds of ballots as there 
are different parties represented, and there will be the 
same number of each kind. If no nominations are made 
except by the Democratic and Republican parties, there 
will be but two kinds of ballots. If the prohibition 
party and the Labor party make nominations, there will 
be four kinds of ballots. These are not folded, but are 
spread out on a table under the eye of the inspectors 
and ballot clerks, and in view of the voters. The ballots 
at each polling place are numbered consecutively from 
one upward, upon the stubs which are detached from the 
ballot when the vote is cast. 

When the voter reaches the poll, inside the guard rail, 
he announces his name and residence. If these are found 
on the registry, the ballot clerk hands him one ballot 
of each kind. These he takes with him into one of the 
booths, which is furnished with writing material and a 
shelf upon which to write. He selects the ballot which 
he wishes to vote, makes any changes in it which he 
desires, and folds it, together with the ballots which he 
does not use, in the manner directed by law. He pre¬ 
sents to the inspector the ballot which he wishes to vote, 
and as soon as this is deposited, the other ballots which 


ELECTIONS. 


111 

he does not wish to vote. The inspector, after tearing 
off the stubs, with their numbers and indorsements, 
these being the same on each ballot, deposits the ballot 
to be voted in the ballot box, the stubs in another box, 
and the unused ballots in another. 

In this state it is made lawful for the voter to receive 
from a party canvasser, outside of the polling place, 
a complete ballot, gummed upon the back, which he may 
take with him into the booth, and he may paste this 
over any one of the ballots received by him from the 
ballot clerk, and he may fold and present this to the 
inspector as the ballot which he wishes to vote, return¬ 
ing at the same time the other ballots, also folded as 
before. 

Under the law, openness and secrecy are both amply 
secured. Openness of the polls to the observation of 
voters and of all who of right may remain in the room, 
is enforced. The ballot box must be clearly in view. 
Challengers and watchers may be in the room, but must 
remain outside of the guard rail. 

Secrecy of the ballot is secured to and positively en¬ 
joined upon the voter. It is secured by giving to him a 
ballot of each kind, from which he makes selection in 
private, by requiring him to fold all the ballots in the 
same way, and so that their contents cannot be seen by 
the inspector or by any one in the room. He is en¬ 
joined not to disclose to any one the contents of his 
ballot, and is prohibited from making any mark or sign 
thereon, whereby it may be distinguished from any of 
the other ballots cast. 


II2 


CIVIL GOVERNMENT IN NEW YORK. 


Section IV. — Canvassing the Vote. 

At the close of the poll the ballot boxes are securely 
sealed for delivery to the canvassers. These, except in 
the city of Brooklyn, are the inspectors of election. In 
Brooklyn, four persons are appointed by the board of 
elections, in each election district, to canvass the vote. 

The canvass must be immediately entered upon, must 
be public, and must not be adjourned or postponed 
until fully completed. 

Each political organization having a ticket at the polls, 
has a right, through its constituted officers, to designate, 
not to exceed two persons, as watchers, who may be 
present in the room where the election and the canvass 
is conducted, from the opening of the polls until the 
close of the canvass. 

Duties of Canvassers.— They must choose a chairman. 
They first count the ballots, unopened, to ascertain if 
their number corresponds with the number of votes 
entered upon the poll list. Should an excess of ballots 
be found, they must all be returned to the box and 
thoroughly mingled. Ballots, equal in number to the 
excess found, are then withdrawn by one of the can¬ 
vassers, who stands with his back to the box, and these 
ballots are destroyed unopened. 

The ballots are then opened, and the votes for the 
several candidates are canvassed, in the order in which 
they appear upon the ballots. As soon as the ballots 
for all the candidates for any office are canvassed, the 
vote for each candidate is openly announced. Great 
care is taken — or is required by law to be taken — by 
the canvassers in making to the officers appointed to 


ELECTIONS. 


receive them, full and correct returns of the votes cast 
for each of the candidates, and in preserving and forward¬ 
ing the ballots voted. 

The returns made by the district canvassers concern¬ 
ing city officers, are afterwards canvassed and the 
results announced by the board of aldermen; those 
relating to all other officers, by the board of super¬ 
visors. The several boards of supervisors make returns 
in triplicate; one to the secretary of state, one to the 
state comptroller, and one to the governor, of the votes 
canvassed by them for state officers, for state senators, 
and for other officers chosen from any district larger 
than a county. These returns are canvassed, and the 
result announced by the board of state canvassers. 

Section V. — Supplementary. 

An Explanation of the Terms Ballot, Vote, and Ticket. 

— These are sometimes used as meaning the same thing. 
But they are not precisely the same. The difference 
between a ballot and a vote may be illustrated as 
follows : — 

Suppose the names of two candidates for the same 
office, as for inspectors of election, to be printed as 
required by law upon-one set of ballots, which we will 
distinguish as A; and the names of two other candidates 
to be printed upon another set of ballots, which we will 
call B. If, of ballots A, lOO are voted and of ballots 
B 90 are voted, there will be 190 ballots cast, contain¬ 
ing four names for inspectors of election. But the 
number of votes cast for inspectors of election will be 
^30 — there being 200 votes for inspectors on ballots. 


114 CIVIL GOVERNMENT IN NEW YORK. 

A, and i8o votes for inspectors on ballots B. These 
ballots will be canvassed, and the return made, sub¬ 
stantially as follows, designating the candidates on 
ballot A as A and B and the candidates on ballot B as 
C and D : — 

Whole number of votes cast for inspectors of elections, 380; of 
which 

A received 100 votes, 

B received 100 votes, 

C received 90 votes, and 
D received 90 votes, = 380 votes. 

The word “ticket” is commonly employed to indi¬ 
cate the political character of the ballot. Thus the 
terms Democratic ticket. Republican ticket, or Labor 
ticket are more common than Democratic ballot, etc. 
A political convention is said to nominate a ticket!' 
It certainly does not nominate a “ ballot!' The “ ticket,” 
when printed for the use of the voter, becomes a “ballot,” 
but in his hands, or at least in his mind, it is the ticket 
of his party, that he votes. In a legal contest over the 
results of an election, greater precision in language is 
employed, and Democratic or Republican “ballots” are 
what are commonly referred to. 

A “ straight ticket ” is the regular ticket of a party, 
voted without any change in the names of the candi¬ 
dates printed upon the ballot. 

A “ split ticket ” is a ticket or ballot made up by 
selecting candidates from two or more of the regular 
tickets. 

A “ scratched ticket ” is a ballot from which one or 
more names of candidates are erased, — “scratched,” — 
without substituting other names in their place ; or a 


ELECTIONS, 


I15 

ballot upon which names of candidates which may or 
may not be found upon other regular tickets are in¬ 
serted in place of those erased. The distinction between 
a “split ticket” and a “scratched ticket,” is not always 
easily defined, nor is it material. 


The ballot printed herewith is an exact copy of the 
Republican ballots voted in i8th ward of Brooklyn at 
the general election in 1891. Of course the same 
ticket was voted throughout the city — except for local 
or district officers— where other names appeared. The 
ballot on its back bore the following indorsement: — 

OFFICIAL BALLOT FOR 
FIRST ELECTION DISTRICT, 
EIGHTEENTH WARD, 

CITY OF BROOKLYN, 

NOVEMBER 3, 1891. 

JOHN GILBERTSON, 

President of the Board of Elections. 


For Governor, 

JACOB SLOAT FASSETT. 

For Lieutenant-Governor, 
JOHN W. VROOMAN. 

. For Secretary of State, 
EUGENE F. O’CONNOR. 

For Comptroller, 
ARTHUR C. WADE. 


For Treasurer, 
IRA M. HEDGES. 




Il6 CIVIL GOVERNMENT IN NEW YORK. 


For Attorney-General, 

WILLIAM A. SUTHERLAND. 

For State Engineer and Surveyor, 

VERPLANCK COLVIN. 

For Justice of the Supreme Court, for Second Judicial District, 
CALVIN E. PRATT. 

For Senator, for Fourth Senate District, 

EDWARD H. SCHLUETER. 

For Member of Assembly, for Eighth Assembly District, 
JAMES BOYD. 

• For Register, 

: JAMES W. WEBB. 

For County Clerk, 

HARRY W. MICHELL. 

For County Treasurer, 

ASA C. BROWNELL. 

For Supervisor-at-Large, 

HORACE E. DRESSER. 

For Justice of Sessions, 

JOHN C. MATHEWS. 

For Mayor, 

HENRY A. MEYER. 

For Justice of the Peace, for First District, for Unexpired Term, 
JAMES B. TAYLOR. 

For Justice of the Peace, for First District, for Full Term, 
JAMES B. TAYLOR. 

For Justice of the Peace, for Second District, 

JOHN BRUNNEMER. 

For Justice of the Peace, for Third District, 

JOHN KISSEL. 


ELECTIONS. 


II7 


For Aldermen-at-Large, 

GEORGE B. FORRESTER. 
SAMUEL B. DURYEA. 
PHILANDER B. ARMSTRONG. 
ERNEST J. KALTENBACH. 
WILLIAM H. N. CADMUS. 
WILLIAM A. RODEGERDTS. 
JOHN S. OGILVIE. 

For Aldermen, for Third Aldermanic District, 
GEORGE A. OWENS. 

PHILIP J. MANE. 

DAVID P. WATKINS. 

HENRY VOLLMER. 

For Constable, for Eighteenth Ward, 
WILLIAM T. GILBERT. 


QUESTIONS RELATING TO CHAPTER II. 

1. How are public officers elected in this state? How was it before 
the organization of the state government? What provisions in respect to 
voting were made by the first constitution? 

2. Mention the conditions upon which a citizen is presumed to be a 
voter. How may he forfeit this privilege? 

3. How is it ascertained that one is or is not a voter? 

4. Give some idea of how political parties are formed. State how 
candidates are nominated. 

5. Give the processes in preparing for an election. Give the process 
of conducting an election. The same of canvassing the votes. To whom 
do the inspectors of elections make their returns of the result? What re¬ 
turns are canvassed by the state board of canvassers? 

6. What is the difference between a ballot and a vote? 



Il8 CIVIL GOVERNMENT IN NEW YORK. 


CHAPTER III. 

TAXATION. 

Section I. — Assessment. 

A MOST important function of government is its power 
to raise money for its uses, by imposing taxes upon its 
people. This power of the state is supreme and abso¬ 
lute in the Legislature, except as restricted by the Con¬ 
stitution. 

It also has power to delegate the like authority to 
counties, cities, towns, and villages, to raise money by 
taxation for their uses. But this too is subject to con¬ 
stitutional limitation. 

Special Taxes. — A very considerable sum toward 
meeting the expenses of the state government is de¬ 
rived from special taxes upon corporations and upon 
“gifts, legacies, and inheritances” from the estates of 
deceased persons, of which strangers or remote relatives 
are the beneficiaries. The amount derived from these 
sources for the fiscal year ending September 30, 1891, 
was nearly two and a half millions of dollars. 

Counties, cities, towns, and villages are also permitted 
to collect special taxes in the form of license fees for 
various purposes, but the amount of these is quite 
inconsiderable. 

General Taxes. — But what are commonly spoken of 
as “taxes,” are the sums levied upon the real and per- 


TAXATION. 


9 


sonal property of individuals, and which they are required 
to pay toward the support of the government —state or 
subordinate — as town, county, etc. 

These taxes, whether for state or municipal purposes, 
can only be imposed in pursuance of the authority of 
law. It is the intent of the law that each property 
owner shall pay his just portion, according to his means, 
of any tax levied for public purposes. Some exemptions 
are provided for, in what is deemed to be for the public 
interest. 

Assessment. — The first thing to be done then, when 
a tax is to be levied, is to ascertain the value of the 
property, real and personal, owned by each individual 
taxpayer. This is done, in the first instance, by a set 
of officers called 

Assessors. — These, in towns, are usually three in 
number, one being chosen each year for a term of three 
years. In villages, at least in those having not more 
than two thousand inhabitants, the trustees of the vil¬ 
lage act as assessors. In cities, assessors are, or may 
be, either elected or appointed, and may be so many as 
the charter shall prescribe. 

It is the duty of the assessors, by visiting the various 
properties within their jurisdiction, and in other ways, 
to determine and set down the value of the property, 
both real and personal, of each taxable inhabitant. 
From the personal property of any taxpayer the just 
debts which he may owe are to be deducted in the value 
set down. 

Assessment Roll. — The list of taxable inhabitants, 
with the ascertained value of the property of each, is 
called the assessment roll of the town or ward for which 


120 


CIVIL GOVERNMENT IN NEW YORK. 


it is made. When made, opportunity must be given the 
taxpayers to examine the roll, and if they deem their 
assessment unjust, to be heard before the board of 
assessors. The assessors have power to review their 
assessments, and to correct any error or injustice of 
which they became persuaded upon such hearing. 
When the assessment roll is completed, it is delivered 
to the supervisor of the town, to be by him presented 
to the board of supervisors of the county. In cities, 
the assessment rolls are, or may be, delivered directly to 
the board of supervisors through its clerk. 

Duty of the Board of Supervisors.—At their annual 
meeting, the board of supervisors in the several counties 
examine and compare the assessment rolls presented 
from the several towns, to ascertain whether the aggre¬ 
gate valuation of each is fair and just with respect to 
the others. For, if in one or more towns the property 
is found to be assessed generally at not more than half 
its real value, while in the others it is assessed at nearly 
or quite its full value, it is evident that the former would 
pay less than its proper share of any tax to be collected. 
The supervisors will, in such case, readjust the valua¬ 
tions, so that each town will be required to pay its fair 
share of the tax. 

This is called equalizing the assessment roll. 

The aggregate equalized valuation of each town is 
forwarded to the comptroller for his information and for 
the use of the State Board of Equalization. This board 
is composed of the state assessors, and the commission¬ 
ers of the land office (see pp. 50, 52). 

It is the duty of the state assessors to visit the vari¬ 
ous counties in the state, and gain such information 


TAXATION. 


I2I 


concerning the valuation of property therein as will aid 
the state board of equalization in the discharge of its 
duties. 

These are, to equalize the valuations of property be¬ 
tween the several counties of the state, in much the 
same way that the boards of supervisors equalize the 
valuations between the towns. The purpose of the law 
is, that no county shall pay less than its fair portion of 
the state tax through an under-valuation of its taxable 
property. 

Recapitulation.—Such are the processes by which 
the basis of taxation—the valuation of property—is 
determined. 

1. An assessment of the property of individuals by the town 
assessors. 

2. The equalization of the assessment roll between the several 
towns of a county by its board of supervisors. 

3. The equalization of the assessed valuations of property be¬ 
tween the several counties by the state board of equalization. 

Section II. — How Taxes are Levied. 

I. The State Tax.—This is fixed each year by the 
Legislature. From the aggregate sum which it is 
found or estimated will be required for all purposes of 
state expenditure during the next fiscal year, there will 
be deducted, first, the known sources of revenue, as from 
invested funds of the state, and others that need not be 
enumerated; and, second, the estimated proceeds of the 
corporation and collateral inheritance tax, which have 
been mentioned. The aggregate of these, deducted 
from the total estimated expenditure, will leave the 
amount which is to be levied upon the taxable property 


122 


CIVIL GOVERNMENT IN NEW YORK. 


of the state. This, of course, is known approximately 
from the returns of the previous year made to the comp¬ 
troller by the boards of supervisors, as equalized by the 
board of equalization. The amount to be raised will 
be a certain easily ascertained per cent of this valua¬ 
tion, and is expressed in the form of so many mills or 
fractions of a mill upon each dollar of valuation. 

Thus, in 1890 the rate was, for general purposes, 
seven-tenths of a mill; for canal purposes, six-tenths of 
a mill; and for schools (teachers’ wages only), one and 
four one-hundredths mills; in all, two and thirty-four 
one-hundredths mills. 

In 1891 it was thought that the special sources of rev¬ 
enue would be sufficient to meet all expenditures for 
general purposes, so that only canals and schools need 
be provided for by general taxation. 

When the rate of the tax is determined, the Legisla¬ 
ture enacts a law directing the same to be levied upon 
the taxable property of the state. This is done every 
year. 

The comptroller notifies the boards of supervisors, 
through their proper officers, of the rate of state tax to 
be levied, and it becomes their duty to see that the 
same is included with the county and town tax as levied 
by them. It is levied upon the equalized valuation 
established by the state board of equalization. 

2. The County Tax.—The amount to be raised in 
each county for county purposes is fixed by its board of 
supervisors. This is added to the amount of the state 
tax to be collected, and the sum is apportioned among 
the towns and wards in the county on the basis of the 
equalized valuations fixed by the board of supervisors. 


TAXATION, 


23 


3. The Town Tax. — The amount of money to be 
raised for town purposes is determined by the legal 
voters at town meeting, and by the board of town 
auditors. This is reported to the board of supervis¬ 
ors. The board adds the amount approved by the tax 
authorities of each town, to the amount of state and 
county taxes which it has been found liable to pay; and 
these three items constitute the tax levy for each town 
for that year. 

4. City Taxes. —The amount to be raised by general 
tax for city purposes is determined, not by vote of the 
people, but by the city authorities, generally; but not 
always, by the common council. The amount is, how¬ 
ever, reported to the board of supervisors, who proceed 
with it the same as they do with the town tax; that is, 
add it to the amount of state and county tax for which 
the city is liable. 

5. The Collector.—When the tax roll is completed,, 
the supervisors attach to it their warrant, directed to 
the collector of the town or city, commanding him to 
collect from each of the taxable inhabitants named on 
the roll, the sum set opposite to his name thereon. He 
is also directed to pay the amounts collected for town 
or city purposes to the proper officers authorized by law 
to receive the same, and the amounts for county and 
state purposes to the county treasurer. This officer is 
required by law to r'emit the amount of the state tax re¬ 
ceived by him from the collectors, to the state treasurer. 

6. Village Taxes. — Villages pay the ordinary taxes 
for town purposes, in common with the inhabitants of 
the town of which they are a part. But the tax to meet 
village expenditures, authorized by law, is levied by the 


124 CIVIL GOVERNMENT IN NEW YORK. 

trustees, and collected by the village collector, under 
the authority of a warrant signed by the president and 
clerk of the village, 

7. School District Taxes.—These will be considered 
elsewhere. (See pp. 128, 132, 133.) 

8. Assessments.—These are another class of taxes 
levied for special purposes, chiefly in cities and villages. 
They are for such objects as sewers, opening, grading, 
and paving new streets, local parks, and the like. The 
cost of such improvements is not levied upon the prop¬ 
erty of the municipality at large, but is assessed upon 
the property along the line, or in the near vicinity of 
the improvement. The assessment is not levied upon the 
salable value of the property affected, but upon the 
basis of the supposed benefit which it will derive from 
the improvement. These assessments must be carefully 
distinguished from the assessments of value for the 
purposes of general taxation. 

Such are the processes employed for the raising of 
money for the support of the government in all of its 
various departments, state, county, town, and municipal. 
They differ widely from the processes employed by the 
United States government, as will be learned from the 
text-books on civil government which cover that broader 
field. 


QUESTIONS RELATING TO CHAPTER III. 

1. By whose authority are taxes levied? How do municipal divisions 
— towns, courities, villages, and cities — get authority to levy taxes? 

2 . What do you understand by special taxes? What by general taxes? 

3 . Give the process of assessment. 

4 . Mention the various steps in the process of levying and collecting 
taxes. Name all the officers you can think of who are charged with some 
duty in connection therewith. State what their respective duties are. 



EDUCATION-. 


125 


CHAPTER IV. 

EDUCATION. 

The first settlers in New York came from a land of 
schools. The republic of the Netherlands was the fore¬ 
most country in Europe in promoting education, not 
only for the wealthier classes, but for the children of the 
common people. 

The colonists of New Netherland, which name they 
gave to their adopted home, brought with them to the 
new world the love of freedom and for learning, which 
they had formed in the old. 

Within ten years after the settlement of New Am¬ 
sterdam, a school was established, of which the record 
now exists; and it is not to be presumed that the 
education of the children was wholly neglected during 
the previous ten years. When the population of the 
colony had increased to seven or eight hundred, the 
home government, upon the petition of the colonists, 
supplied them with two schoolmasters. The object in 
securing two seems to have been that something might 
be taught besides reading and writing.^ 

These schools were supported out of the public 
treasury. Besides these public or official schools, pri¬ 
vate schools were also maintained; but they could be 
taught only by masters whom the authorities approved. 

1 Hon. A. S. Draper, in Educational Monthly, April, 1892. 


26 CIVIL GOVERNMENT IN NEW YORK. 


Thus early in the educational history of the state do 
we find the principle established of employing only those 
teachers who were qualified according to law. 

After the colony passed under English rule, English 
ideas of education had precedence, and high schools 
found favor over schools for the common people. 

First Movement for Higher Education.— This was the 
paramount influence at the time of the organization of 
the state in 1777. The first act of the state Legislature, 
for the promotion of education, was in 1784, very soon 
after the close of the war. It incorporated the Board 
of Regents of the University of the State of New York, 
and placed under its control and supervision the acad¬ 
emies and colleges of the state. The organization as 
first planned was found to be defective, and in 1787 a 
new act was passed constituting the board of regents 
upon substantially its present basis. As may be sup¬ 
posed, its powers have been greatly enlarged and its 
efficiency improved since that early day. It is now a 
great, salutary, and beneficent power in the state in the 
promotion and improvement of higher education. 

The ‘‘University*^ of which the board of regents is 
the administrative authority, consists of all incorporated 
institutions for academic and collegiate education, to¬ 
gether with the state library, state museum, and such 
other libraries, museums, and institutions for higher 
education as may be sanctioned by the regents of the 
university. 

The board of regents consists of twenty-three mem¬ 
bers, of whom the governor, lieutenant-governor, secre¬ 
tary of state, and superintendent of public instruction 
are ex officio members. 


EDUCATION. 


127 

Regents are chosen in the same manner as United 
States senators, for life, and serve without salary. 

Common Schools. — The first act of the Legislature 
which recognized the education of the children of the 
state as a matter of public concern was in 1789. Under 
the provisions of an act in that year, the surveyor- 
general of the state was directed, in the sale of the pub¬ 
lic lands of which the state owned a vast area, “to 
reserve in each township one lot for the support of the 
gospel and one lot for the use of schools in such town¬ 
ship.” In some towns of the state these lots still 
remain a source of revenue for the schools in the town. 
They are, however, an unimportant resource, the entire 
revenue in 1891 being only about $30,000. 

In 1795 the Legislature appropriated $100,000 annu¬ 
ally, for a period of five years, for the encouragement of 
schools. The supervisors were required to assess upon 
the towns, for the support of schools, a sum equal to 
one-half that received by them from the state for that 
purpose. This appropriation was continued, however, 
for only three years. 

In 1805 an act was passed appropriating the net pro¬ 
ceeds of five hundred thousand acres of land first sold, 
“ to raise a fund for the encouragement of common 
schools.” No distribution from the income of the fund 
was to be made until this should reach the sum of 
$50,000 annually. This was the inception of what is 
now known as the “common school fund.” In the 
meantime, from 1798 to as late as 1815, what schools 
there were, seem to have been sustained by voluntary 
effort. 

In 1812 we have the first act in this state for the 


128 CIVIL GOVERNMENT IN NEW YORK. 


establishme 7 it of common schools.” Its provisions 
comprised : — 

1. A state superintendent of common schools, with 
certain defined powers and duties in relation to their 
organization, and to whom their reports were to be for¬ 
warded. 

2. In each town, three commissioners were to be 
elected, with power to form and alter school districts, 
and to supervise the schools in the town. This was 
the first attempt at a defined organization of school 
districts within a defined territory, and with prescribed 
corporate powers. 

3. The commissioners, together with not more than 
six persons, also elected by the voters of the town, con¬ 
stituted a board of inspectors, whose duty it was to 
examine and license teachers and visit the schools. 

4. It was made unlawful to employ any one as teacher 
who did not hold a certificate or license to teach, signed 
by at least two of the inspectors. Herein is found the 
first application of some legal test of qualification for 
teachers. Such were the provisions for towns concern¬ 
ing the establishment of common schools within their 
borders. 

5. School Districts. — When these were formed by 
the town commissioners they became invested with 
certain corporate powers, among which was the elec¬ 
tion of three trustees to have control of the affairs of 
the district, employ teachers, and otherwise have the 
care of school matters. The inhabitants also had 
power to designate a site, build a schoolhouse, and 
vote a tax upon the district to pay for the same. These 
provisions and many others embodied in the act of 1812 
are in force to this day. 


EDUCATION. 


129 


6. The trustees were required by law to report the 
statistics concerning their schools to the town inspec¬ 
tors, who compiled and forwarded them to the county 
clerk. By him they were transmitted to the state 
superintendent. 

7. Provision was made for the distribution among the 
districts of the income from the common school fund, 
but it does not appear that this had at that time 
reached the sum of ^50,000 required before a distribu¬ 
tion could be made. The first distribution appears to 
have been in 1815. When made, it was only to such 
towns as had, for the previous year, raised by tax an 
amount for the support of schools equal to that received 
from the state, and to those districts that had maintained 
a school taught by a legally qualified teacher for three 
months during the previous year. These moneys were 
applicable only to the payment of teachers’ wages. The 
latter provision exists to-day, except concerning the 
small sum applied for library purposes. 

In 1814 this act was superseded by “an act for the 
better establishment of common schools.” The salient 
features of the act of 1812 were embodied in the later 
act, and defects and weaknesses in the former were cor¬ 
rected in the latter. 

The Rate Bill. — Among the new features incorpo¬ 
rated in the later act, was a provision empowering the 
trustees to collect from those who sent their children 
to school, the residue of the teacher’s wages, after ap¬ 
plying thereto the state moneys and the moneys derived 
from the town tax for the support of schools. 

This was the introduction of what became known as 
the “rate bill” system of collecting teachers’ wages. 


130 CIVIL GOVERNMENT IN NEW YORK. 

and which tenaciously held its own in the common 
school system of the state for a period of more than 
fifty years. It was abandoned in 1867 by a provision 
for the collection of the residue of teachers’ wages by 
tax on the district. 

Through all the changes wrought from time to time 
in the common school law of the state it has held 
and still holds firmly to these elementary principles: 
(i) official authority for the formation and alteration of 
school districts ; (2) the employment of none but legally 
qualified teachers ; (3) the control and management of 
the school, through officers chosen by the inhabitants 
of the district. 

The office of superintendent of schools was abolished 
in 1821, and its duties were transferred to the secretary 
of state. The office of state superintendent of public 
instruction was created in 1854. 

Town Superintendents. — In 1843 commissioners and 
inspectors of schools in towns were superseded by an 
officer called town superintendent, upon whom was con¬ 
ferred all the powers of the former officers in respect 
to the formation and alteration of districts and the 
examination of teachers and visitation of schools. 

Present Organization. — The present organization of 
the state common school system is substantially as fol¬ 
lows : — 

Superintendent of Public Instruction. — This officer 
is elected by joint ballot of the Senate and Assembly 
for the term of three years. He has general supervi¬ 
sion of the public schools of the state. His duties are 
chiefly administrative and executive, though he is also 
invested with important judicial powers. He apportions 


EDUCATION-. 


31 


the state school moneys according to law, and may 
withhold the moneys from districts which have failed to 
comply with the law in respect to their schools. He 
counsels with the school commissioners, appoints the 
instructors at teachers’ institutes, conducts examinations 
for state teachers’ certificates, and performs many other 
important duties. He is officio a member of several 
educational boards, as regents of the University, trus¬ 
tees of Cornell University, of Syracuse University, and 
other institutions. He has the general supervision of 
the normal schools of the state. 

In his judicial capacity he hears and decides appeals 
relating to school controversies from any part of the 
state. These are presented in writing, supported by affi¬ 
davits. Concerning these he establishes the rules of 
procedure. His decision is made final and conclusive, 
and the supreme court has refused to review his action. 

School Commissioners.—The office of town superin¬ 
tendent of schools was abolished in 1856, and the powers 
and duties of that officer in respect to the formation and 
alteration of school districts and to the examining 
and licensing of teachers, were imposed upon an officer 
styled school commissioner. They are elected in divis¬ 
ions of territory known as school commissioner districts. 
Originally these conformed, as nearly as was practicable, 
to the Assembly districts in the state, exclusive of cities 
which maintained their own local supervision. 

But the changes made in Assembly districts, resulting 
from their reapportionment to meet the changes in the 
numbers and distribution of the population, have left 
the school commissioner districts a local division, in 
many of the counties, largely independent of any other. 


132 CIVIL GOVERNMENT IN NEW YORK, 

They reapportion the state school moneys, appor¬ 
tioned by the state superintendent to the several counties, 
amongst the school districts in each town, upon the 
basis of distribution established by law, and the direction 
of the state superintendent. Where there is more than 
one school commissioner in a county, the commissioners 
meet and act together in making the apportionment. 
They possess other important, and in certain cases, 
quite arbitrary powers. 

They are elected for a term of three years, and re¬ 
ceive from the state an annual salary of ;^iooo, payable 
from the Free School Fund. 

The School District is the unit of the common school 
system. Like the town it is a limited democracy, its 
powers being exercised in popular assembly, but only 
such powers as are conferred by law. Its officers are 
chosen at an annual district meeting, by vote in such 
form as the meeting may direct. The time of holding 
the annual meeting is fixed by law. It has been changed 
by the Legislature several times, and is liable to change 
at any time. Special school district meetings may be 
called by the trustees, the object of which must be set 
forth in the notices for the same. An annual or special 
meeting may adjourn from time to time. The inhabi¬ 
tants are required to vote a tax for certain purposes, as 
for teachers’ wages, or if they refuse or neglect to do so 
the trustees may levy a tax without such vote. Taxes 
for most other purposes are left to the discretion of the 
school meeting. 

Officers. — The officers of a school district are, one or 
three trustees as the district may elect, a clerk, col¬ 
lector, and librarian. 


EDUCATION. 


133 


The Trustees are the executive officers of the district. 
They employ teachers, have the care and custody of the 
schoolhouse or other property of the district, levy 
taxes voted by the district or required by law to be 
levied, attend to making needed repairs, provide fuel 
and such furniture as may be required, and generally 
have charge of the affairs of the district. 

The District Clerk gives notices of district meetings 
in the manner prescribed by law, records their pro¬ 
ceedings, receives and preserves all notices, books, or 
papers required to be filed with him, and delivers the 
same to his successor. 

The Collector collects all taxes levied by the au¬ 
thority of the district or by the trustees, when author¬ 
ized by written warrant of a sole trustee or a majority 
of three trustees. He is for the district what a town 
collector is for the town. Until recently he held in his 
hands, subject to the order of the trustees, only the 
moneys received by him as collector. But by an act of 
the Legislature in 1890 a district may vote to make the 
collector the custodian of the state school moneys ap¬ 
portioned to the district, as well as of the moneys col¬ 
lected by him, upon his executing a satisfactory bond to 
the trustees. Previously these state school moneys 
were received by the supervisor of the town and held by 
him, payable only upon the order of the trustees. 

The Librarian has charge of the district library — 
when there is any. 

City and Village Schools. — Most of the cities in the 
state, and many of the larger villages, are organized, 
as to their schools, by special acts of the Legislature 
under which there is elected or appointed a body of citi - 


134 CIVIL GOVERmiENT IN NEW YORK. 

zens called a board of education, to whom is committed 
the control and management of the school or schools of 
the city or village, with such powers and duties in rela¬ 
tion thereto as are prescribed in such special law. In 
Buffalo, the power to establish, maintain, and regulate 
the public schools is conferred upon the common coun¬ 
cil. A superintendent of education elected by the 
people is at the head of the department of public instruc¬ 
tion. He is the executive officer of the system of which 
the common council is the legislative power. This form 
of organization is unusual. 

Union Free School Districts.—The law under which 
these are formed was enacted in 1853. It has been 
amended from time to time, but its general scope and 
purpose remain. 

The occasion of its enactment was to give to villages 
not under special acts, and to populous centers not in¬ 
corporated, opportunity to secure a more effective school 
organization than was practicable under the general 
district system. These localities were frequently divided 
into two or more districts. By combining their wealth 
and facilities, a central school, properly graded and classi¬ 
fied, could be maintained, which would not be possible 
in their dismembered state. They could also increase the 
attendance at school, not only by affording a better and 
more attractive school organization, but by making them 
free in fact as well as in name, through the removal of 
what had come to be known as the “odious rate bill.” 

The act provided for the consolidation of such dis¬ 
tricts, by a vote of the inhabitants. It also provided 
that any single district might change its form of organ¬ 
ization to that prescribed in the law. 


EDUCATION. 


135 


Upon the formation of a Union Free School District 
by a vote of the inhabitants of the district or districts 
affected, the new organization could proceed to elect 
not less than three nor more than nine trustees who 
should constitute a board of education for the new dis¬ 
trict. Thereupon the functions of the officers of the 
former districts ceased. 

Under this organization much larger powers concern¬ 
ing the schools are conferred upon the board of educa¬ 
tion than upon the trustees of school districts generally, 
also much larger powers upon the inhabitants of such 
districts than upon those of the districts generally. 
Among these, at the time of the passage of the act, and 
for many years after, was that of levying a tax for the 
payment of teachers’ wages in excess of the state school 
moneys for that purpose. Since 1867, when this power 
was given to all districts, this feature has ceased to be 
distinctive. 

The board of education may grade and classify the 
school or schools of the district and may establish an 
academical department therein. Whenever an academi¬ 
cal department is established in such district it may be 
placed under the supervision of the regents of the uni¬ 
versity the same as the academies of the state. 

Normal Schools. —The first normal school for the better 
education and for the professional training of teachers 
was established at Albany in 1844. Its course of instruc¬ 
tion and its general scope have recently been enlarged, 
and it is now known as the Albany Normal College. 

The other normal schools of the State, and the dates 
of their commencement, are the following: Brockport, 
1867; Buffalo, 1871; Cortland, 1869; Fredonia, 1868; 


136 CIVIL GOVERNMENT IN NEW YORK. 

Geneseo, 1871; New Paltz, 1886; Oneonta, 1889; Os¬ 
wego, 1863; Plattsburg, 1890; and Potsdam, 1869. 
The attendance of normal pupils in all these schools, 
during the year 1891, was 3904. The number of gradu¬ 
ates was in that year, males, 105 ; females, 567; total, 
672. The whole number of graduates from all of the 
schools since they were established is, males, 1999; fe¬ 
males, 7096; total, 9095. Probably half as many more 
have left the schools before completing the course. 

These schools are all supported by the state. 

The cities of New York and Brooklyn maintain schools 
for the professional training of their teachers, for which 
they receive no aid from the state. 

Teachers’ Institutes are brief schools for the profes¬ 
sional instruction of teachers in the several counties. 
They are under the immediate direction of the school 
commissioners. The instructors are assigned by the 
state superintendent. They are in session but one or 
two weeks, but they are of great value to young and 
earnest teachers whose facilities for learning how to 
teach have been limited. 

Teachers’ Classes in Academies are established for a 
like purpose, and have the advantage of a longer term for 
instruction. These, like the Institutes, are under the 
general supervision of the state superintendent. Both 
are supported by the state. 


QUESTIONS RELATING TO CHAPTER IV. 

1. Name three essential elements in the school organization of this 
state. 

2. Who has authority to form and alter school districts? To examine 
and license teachers? To employ teachers? 



EM/NENT DOMAIN'. 


137 


CHAPTER V. 

EMINENT DOMAIN 

It is necessary, at times, for the state to acquire prop¬ 
erty for its own use. 

It must have public buildings, and these must be 
located with reference to convenience in the transaction 
of the public business. It must have canals for the 
transportation of bulky merchandise, the opening up of 
markets for the products of the county, and the build¬ 
ing up of the prosperity of the people. For the like 
reasons it must itself construct or grant authority to 
others to construct railways. It must have highways, 
and it must have them where they will best serve the 
interests and the convenience of the people. 

Of the necessity for these things, and of the proper or 
best location for them, the state must judge, for the 
state is the representative of the people. 

There is no way in which the state can acquire the 
properties which are found necessary for it to possess, 
unless it have power to take them by the strong arm of 
authority. 

In despotic governments this power is unlimited in 
the sovereign. Even in England, the Parliament takes 
property for the public use and makes no compensation 
therefor. 

But in this state, the Constitution, mindful of the 


138 CIVIL GOVERNMENT IN NEW YORK. 


inalienable rights of the citizen, provides — Article I, 
section 6 — that “private property shall not be taken 
for public use without just compensation.” Thus the 
needs of the state are provided for, and the rights of 
the citizen are maintained. 

The authority under which private property is taken 
for public use is called eminent domain. It is defined 
to be “ the right which a people or a government retain 
over the estates of individuals, to resume the same for 
public use.” 

Both the Constitution and the statutes, in defining how 
private property may be taken, make very careful pro¬ 
vision for the protection of the rights and interests of 
individuals. The proceedings are so carefully guarded 
that complaint is seldom made of injustice in the award 
of compensation. Besides, the government in many 
cases comes to an agreement with owners concerning 
the price to be paid for property which it needs. The 
proceeding under which property is taken by right of 
eminent domain, and the compensation awarded, are 
known as proceedings in condemnation. 

In 1866 the statute first applied the right of eminent 
domain to the acquisition of district schoolhouse sites. 
In 1886 the provisions of the statute were extended to 
the city of Brooklyn. 

Prior to the enactment of the statute of 1866, it was 
oftentimes found very difficult to secure an eligible site 
for a schoolhouse in the country districts, so located as 
to be convenient of access for all the children of the 
district. 


LAW AND EQUITY, 


139 


CHAPTER VI. 

LAW AND EQUITY. 

The frequent use in common life of the terms law and 
equity lead naturally to an inquiry as to the distinction 
between them. 

No more than a brief explanation or illustration can 
be given here. 

Suppose “ A ” has agreed to purchase from “ B ” and 

B ” has agreed to convey to “ A ” a tract or parcel of 
land, and “ A ” has paid a given sum to bind the bar* 
gain. If for any reason “ B ” afterwards refuses to con¬ 
vey, “ A ” has his remedy at law against “ B ” for breach 
of contract. He may commence an action against him, 
not only to recover the money which he has paid on the 
contract, but a sum for damages which he may claim to 
have sustained by reason of the breach. Thus he may 
have employed an architect to plan a house to be erected 
on the premises, and may have incurred other expenses. 

If he commences an action at law, he will get such 
sum in damages as the court, upon the evidence fur¬ 
nished, finds him entitled to. 

But suppose that what “A” wants, is not damages, but 
a specific performance of the contract on part of “ B.” 
He will then ask the court to compel “B” to convey 
the premises in question. This will be an action in 
equity. It may be in the same court and before the 


140 CIVIL GOVERNMENT IN NEW YORK. 

same judge as would have had charge of the action for 
damages had “ A ” sought that remedy. 

Until the Constitution of 1846 came in force, the 
branch of the judicial department to which was com¬ 
mitted the trial of all actions in equity, was called the 
court of chancery, the chief judge of which was styled 
the chancellor. 

The Constitution of 1846 abolished the court of chan¬ 
cery, and invested the supreme court with all of its 
powers. 

The distinction between law and equity will be seen 
from our illustration. The law gives to a complainant 
money damages for an injury which he has sustained by 
reason of a breach of contract. Equity will, in his be¬ 
half, compel a specific performance of the contract by 
the party complained of. 


QUESTIONS RELATING TO CHAPTERS V. AND VI. 

1. Find by inquiry, out of school, one or more instances of the exercise 
of the right of eminent domain, and give an account of it. 

2. Try and make up another case than that in the text that will illus¬ 
trate the difference between law and equity. 

3. If you cannot do it, go to some lawyer friend and ask him to give 
you some instances. When you are in the pursuit of knowledge with a 
clear idea of what it is you want to know, it will do you no harm to be 
told. 



APPENDIX. 


DEFINITIONS. 

[It is not claimed for the following that they are anything more than a 
rational explanation of the sense in which the words are employed in 
this l)ook.] 

Abridge : to deprive; to cut off. 

Act : the decision of a legislative body in passing a bill. The bill itself, 
if approved by the governor, then becomes an “ act ” of the legislature. 

Adjudication : the act of trying and determining an issue by a competent 
court. 

Administration (of government) : the act of carrying on the government 
through its constituted officers; the policy and course of the govern¬ 
ment under a party. 

Aggregate: taken all together; collectively. 

Alternate : to vary by turns. 

Alternately : varying by turns. 

Appellate (court) : a court having cognizance of appeals from the 
decisions of lower courts. 

Appellate (jurisdiction) : having authority to hear appeals only, — in dis¬ 
tinction from original jurisdiction (which see). 

Apportion : to divide or distribute according to a rule established by 
competent authority. 

Apportionment : the distribution of moneys as directed by law. 

Appropriate : to set apart moneys for certain defined purposes. 

Appropriation : the act of setting apart moneys; also applied to the sum 
set apart for any given purpose.^ 

’ A legislature appropriates moneys. A properly constituted officer apportions the 

moneys thus appropriated. 

I4I 


142 


APPENDIX. 


Approximate : to come near. 

Approximately: nearly. 

Audit : to settle, adjust, or approve an account. 

Auditor : an officer authorized to examine and adjust an account. 

Ballot (see also “Ticket,” “Vote”) : a written or printed ticket used 
in voting. Also see p. 113. 

Beneficent : that which does or produces good. 

Beneficiary : one who receives a gift or benefit. 

Bill (legislative) : the draft of a law proposed for enactment. 

Bill (of indictment). See “Indictment,” “True bill.” Also see 
p. 67. 

Bureau (official) : a branch of public business, subordinate to or within 
a department. 

Campaign (political) : the operations of party workers during the period 
between the nominations of candidates and the election. 

Capital : the city or town where the legislature convenes; the seat of 
government. 

Capitol : the structure in which the legislative sessions are held. 

Caucus : an unofficial meeting of voters of one political party to nominate 
candidates or to agree upon a line of policy. 

Charter : the act of a legislature by which or under which a corporation 
is formed. 

Collateral : occupying a secondary or subordinate relation or position to 
something which is first or primary; attendant as auxiliary or inci¬ 
dental only. 

Commutation: the act of substituting something less for something 
greater; as imprisonment for life, in place of a sentence to death. 

Commute : to substitute a less for a greater. 

Competent (jurisdiction) : having legal authority to act. 

Concession : a giving up on demand, — distinguished from giving up 
voluntarily. 

Concurrent : occurring or happening at the same time. 

Concurrently : acting upon the same question at the same time. 

Constituency : the body of citizens or voters in a representative district. 

Construction (of statutes) : a declaration of the meaning of a statute by 
considering its relation to attendant facts and circumstances. It 
differs from interpretation (which see). 

Contiguous : touching along a line of division; adjoining. 


DEFINITIONS. 


143 


Conviction (judicial) : the finding of a judgment of guilty after trial by a 
competent court. 

Corporate : formed into a body with certain defined powers, by legal 
authority. 

Corporation : a body formed under authority of law, with certain powers 
and privileges, having the right of succession. 

Deed : an instrument in writing, under seal, containing a transfer of real 
property (land). 

Discussion : the statement of a case and the process of reasoning upon it, 
or of making it clear. 

Distress (and sale) : the seizing of property for a debt or tax, in order 
to secure payment by sale of the property seized, — hence taken 
together. 

Diversified: varied; distinguished by differences; dissimilar. 

Diversity: variety; dissimilarity. 

Elective : entitled to be filled by election. 

Elective franchise (see also “Franchise”): the privilege or right of 
voting. 

Elector : a voter. 

Elementary : pertaining to the first principles of anything. 

Eligibility : the condition or quality of being eligible. 

Eligible : duly or legally qualified. 

Enunciate : to announce, or to declare. 

Ephemeral : short-lived; abiding but a short time. 

Ex-officio : by virtue of one’s office. 

Exposition : a statement or explanation of the sense or meaning of a 
passage of writing or of a law. 

Expound : to explain the meaning of anything, as of a law. 

Factor : one of the elements or principal parts which conduce to a result. 

Fallible : liable to err. 

Felony: a crime punishable by death or by imprisonment in a state 
prison. 

Fiscal : pertaining to the financial or money operations of a government. 

Fiscal year: the twelve months for which the accounts of the money 
affairs of a government are made up. In New York this is from 
October i to September 30. 

Formulate : to put in a definite form of statement. 


144 


APPENDIX. 


Franchise : a privilege; sometimes an exclusive privilege. 

Function: the course of action or of duty which pertains to a public 
office. 

Goods and Chattels : a compound term, used to denote personal property 
with a possible interest in, without ownership of, real property. 

Heir: one who, under the law, is entitled to succeed to the property 
of another upon his death. 

Impeachment : a calling to account, as a public officer for maladminis¬ 
tration. 

Inception : the beginning. 

Incidents : things which depend upon some other things that are principal 
or leading. Incidents are subordinate or casual. 

Incitement : motive, impulse, or stimulus to action. 

Incorporated : being in a corporate state or condition. 

Incumbrance: a charge upon property; a claim or lien upon an estate, 
casting a doubt upon the title. 

Indictment. See p. 67; see also “ True bill.” 

Indigent: poor; needy. 

Inheritance : something derived by an heir from an ancestor; that which 
passes by descent. 

Inhibition: a restraint; a prohibition. 

Instrument : a writing which expresses some act or agreement between 
parties, as a deed or mortgage. 

Interpretation (of statute) : an explanation by judicial authority of what 
is uncertain or obscure. 

Intervention : an interference affecting the interests of others. 

Intestate : a person who dies without having made a will. 

Investiture : that with which one is put in possession, as an office. 

Invoke : to summon. 

Issue: the point of law or fact presented to a court for decision. 

Judgment : the decision of a court or judge, distinguished from verdict, 
which is the conclusion of a jury. 

Jurisdiction (see also “ Original jurisdiction ”) : the limits within which 
a given power may be exercised. 

Law (see also “Statute”): a rule of action, enacted or declared by 
competent authority, by which a community consents to be governed. 


PEFIXmONS. 


145 


Legatee : one upon whom property is bestowed by a will. 

Lien : a legal claim upon property as security for the satisfaction or pay¬ 
ment of a debt. 

Majority : more than half. 

Mandate : a command. 

Misdemeanor: a crime or offense of lower grade than a felony (see 
“ Felony ”). 

Mortgage : a conveyance of property as security for the payment of a 
debt, upon conditions, which if fulfilled, render the conveyance void. 

Motion (judicial) : an application made by an attorney to a court or 
judge for an order in an action or proceeding. 

Municipal : pertaining to a corporation, as a city. 

Municipality : an incorporated community, as a city, village, or town. 

Nomenclature : a collection or list of names used in any branch or 
department of science or of thought or action. 

Order (judicial) : a direction or authority given by a court or judge in an 
action or proceeding. 

Organic law : that which is fundamental in the structure of organized 
society. The constitution is the organic law of a state. 

Original jurisdiction (see also “Jurisdiction”) : having jurisdiction in 
the first instance. 

Pharmacist : a skilled druggist. 

Plurality : the highest of several numbers. 

Poll or Polls : the place where votes are received at an election, — com¬ 
monly used in the plural. 

Prerogative; a privilege inherent in one’s office or position; an official 
and exclusive right. 

Presentment : notice taken by a grand jury of any matter of their own 
motion, and presented to the court without a bill of indictment, as of 
a public nuisance. 

Presidential year: the year in which a president is elected. 

Primary (political) : a meeting for political purposes, as the nomination 
of candidates or the selection of delegates to nominating conventions; 
the inception of organized political action. 

Probate: (noun) the official proof of a will; (verb) the obtaining of the 
legal and official proof of a will. 


146 APPENDIX. 

Procedure (judicial) : the manner and order of proceeding prescribed by 
law, or by the rules of a court, in bringing actions and conducting 
trials. 

Process (of a court) : summons or warrant by which a party is brought 
before a court; or a direction or order of the court affecting an 
action before it; the procedure by which a cause is brought before 
a court. 

Promulgate : to make known by open declaration. 

Quasi: having more or less resemblance to; qualified; seeming or 
apparent. 

Quorum : the number of persons in a body of members necessary for the 
legal transaction of business. 

Reprieve : (verb) to temporarily suspend the execution of a sentence; 
(noun) the temporary suspension of a sentence. 

Right of suffrage (see also “ Suffrage ”) : the right to vote. 

Sentence (judicial) : (noun) the judgment pronounced upon a criminal 
after conviction. 

Statute (see also “ Law ”)• an act of the legislature. 

Suffrage (see also “ Right of suffrage ”) : vote. 

Ticket (see also “Ballot,” “Vote.” Also see p. 113): the printed 
list of candidates to be voted for by a party. 

Transition : passing from one state or condition to another. 

Tribunal; a seat of judgment; a body invested with power to pass 
judgment on questions presented before it. 

Triplicate: threefold. 

True bill (see also “ Indictment”) : the indorsement on the back of an 
indictment, when found by a grand jury. 

Veto: the right to interpose a negative; to forbid; also the act of 
forbidding. 

Viva voce : by the living voice. 

Void : having no legal force or effect. 

Vote (see also “Ballot,” “Ticket.” Also seep. 113): the expression 
of a choice; a ballot; a ticket. 

Voter; one who has a legal right to vote; an elector. 






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